Legal Question in Real Estate Law in Wisconsin

I'm trying to find a Wisconsin form Deed of Trust, but am unable to find any. Is it possible that Wisconsin doesn't use deeds of trust? Thanks!


Asked on 8/05/09, 12:21 pm

2 Answers from Attorneys

JAY Nixon nixon law offices

One reason you are finding such a form might be that deeds in trust are not normally used in WI, being instead far more commonly used in the state of IL. Although I am not a licensed attorney in IL, I understand that deeds in trust substitute for a mortgage in some situations down there; i.e., the bank holds the deed "in trust" until the person finishes paying the loan, after which time the deed is finally delivered to them. You therefore need to discuss your issue with an experienced real estate attorney to see what form is right for you. Having the right form is also far from sufficient to protect anyone's rights; a real estate attorney therefore will need a detailed understand of exactly what you are trying to accomplish with the transaction as well as the personal circumstances of all parties before recommending a solution. All the mortgages in the world, for example, will not protect a lender if the collateral is not sufficiently valuable to pay off all senior obligations and leave money left over following a forced sale to pay a new lender. My comments here are not intended as legal advice unless you subsequently retain me and revisit this issue with me.

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Answered on 8/12/09, 2:57 pm
JAY Nixon nixon law offices

One reason you are not finding such a form might be that deeds in trust are not normally used in WI, being instead far more commonly used in the state of IL. Although I am not a licensed attorney in IL, I understand that deeds in trust substitute for a mortgage in some situations down there; i.e., the bank holds the deed "in trust" until the person finishes paying the loan, after which time the deed is finally delivered to them. You therefore need to discuss your issue with an experienced real estate attorney to see what form is right for you. Having the right form is also far from sufficient to protect anyone's rights; a real estate attorney therefore will need a detailed understand of exactly what you are trying to accomplish with the transaction as well as the personal circumstances of all parties before recommending a solution. All the mortgages in the world, for example, will not protect a lender if the collateral is not sufficiently valuable to pay off all senior obligations and leave money left over following a forced sale to pay a new lender. My comments here are not intended as legal advice unless you subsequently retain me and revisit this issue with me.

Read more
Answered on 8/12/09, 2:58 pm


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