Banking & Creditors' Rights SmartPractice |
Liebmann, Conway, Olejniczak & Jerry, S.C.
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Changes to Foreclosure Laws Renters' Rights Revised
With the influx of foreclosures in today's real estate market, our Banking & Creditors Rights Team would like to make you aware of recent changes to Chapter 846 of the Wisconsin Foreclosure Statute. The revisions provide new rights to non-owner tenants of residential rental property in the process of foreclosure. We have outlined the changes, which include quite extensive notification criteria, for you below.
1. Tenants must be given written notice of the foreclosure action within five (5) days of filing. The notice must either be personally served or sent via certified mail. 2. Tenants must be given a second written notice at the time the judgment is entered advising them that judgment was entered and notifying them of the date the redemption period ends. The redemption period may be as little as two (2) months, or it could be waived altogether by the borrower. This notice must be sent or served within five (5) days of the judgment, and it must be personally served or sent via certified mail.
3. Tenants must be given a third written notice of the date and time for confirmation hearing. This notice will also now need to be sent via certified mail or personally served on tenants. 4. Lastly, tenants now have the right to remain on the property for a period of two (2) months following the sale -- provided that they continue to pay rent during this time. You should know that the court cannot issue a writ of assistance until after the foregoing two (2) month period has expired. In addition, when a writ of assistance or eviction action is commenced, the clerk is prohibited form including that information on the Circuit Court Access Program (CCAP). Finally, the tenant is allowed to deduct his security deposit from the last rental term since the chances that they will be able to collect it from the original owner is slim.
The foregoing amendments apply to actions filed after March 6, 2009. It is important that you take these additional steps, as non-compliance carries a $250.00 penalty, plus payment of reasonable attorney's fees for the tenant. Our Banking & Creditors' Rights Team is well versed in foreclosure actions and is more than willing to work with you to ensure your compliance with the new laws. Contact us at 920-437-0476 or www.lcojlaw.com. .
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