Legal Question in Real Estate Law in Wisconsin

If we are re-financing our mortgage privately is there any reason I cannot download and prepare the Mortgage and the Fixed Rate note paperwork myself? I know what information goes onto it, and we would then have the signatures witnessed and notarized by our accountant. We would then take them to the courthouse to be filed. Thanks so much!


Asked on 12/16/10, 8:57 am

1 Answer from Attorneys

JAY Nixon nixon law offices

While there is nothing wrong with a "do it yourself mortgage" per se, all secured transactions have highly technical requirements which can have a devastating impact on the enforceability of the obligation later on if not properly satisfied. There is also a conflict of interest between the borrower and the lender, that is, the borrower may benefit if the transaction is later found to be unenforceable. If I were a lender, I would therefore never attempt this without guidance from an experienced real estate of bankruptcy lawyer. I mention bankruptcy lawyers because they usually have more experience in such items than any other variety. The real test of any secured transaction is whether or not it will survive a bankruptcy. My comments here in this public web forum are offered only for general public educational purposes and are not legal advice directed toward you; nor do they create an attorney client relationship between us. However, you are welcome to contact my Racine office to discuss retaining me or to set up a free initial consultation.

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Answered on 12/22/10, 8:17 am


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