Legal Question in Real Estate Law in Wisconsin

in 2009, bank filed foreclosure on my home. But then they send me a payoff offer. A week later the city sends me foreclosure letter for back property taxes. I thought the bank had taken the property, in 2009. And now they are saying it was never taken from me. I owe back property taxes, was given a deadline, short notice, and want to know if there is any way to safe the property? Can't make payment arrangements I was told. what do I do?


Asked on 7/24/13, 4:13 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

If you are serious about saving your home, you need to hire an attorney who is experienced in foreclosure defense and bankruptcy matters. In WI, foreclosures are long, slow processes and they do not always result in a title transfer at the end. Even though the bank has the option to take title after a sheriff's sale, in blighted areas (particularly inner city Milwaukee), they are not always transferring title to themselves, even after they are the high bidders at the sale. As in your situation, that leaves both the property taxes and other liabilities connected with the property title in your name. Unlike other WI counties, Milwaukee has obtained laws making homeowners personally liable for property taxes, which sometimes leads to wage garnishments and other collection activities by the City. The bank can leave these risks with the homeowner (you), simply by not taking title, even while retaining the option to do so at any time (such as after you would pay the back property taxes). Normally at the end of a foreclosure, banks will eventually pay the property taxes before attempting to resell the property via a realtor. In your case, however, it is difficult to determine what the bank's intentions might be. If someone else purchased your home via a tax deed, it might actually remove the mortgage and allow them to take clear title. Do not attempt this, however, without legal representation, as well as a fresh title insurance letter report of title. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com. View over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials..

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Answered on 7/27/13, 12:50 pm


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