LRB-3075/1
MES:kmg:rs
2003 - 2004 LEGISLATURE
September 30, 2003 - Introduced by Representatives Bies, Ainsworth, Gronemus,
Hines, Honadel, Kestell, Krawczyk, F. Lasee, Musser, Nass, Ott, Owens,
Taylor and Olsen, cosponsored by Senators A. Lasee, Lassa and Reynolds.
Referred to Committee on Urban and Local Affairs.
AB544,1,2
1An Act to amend 75.36 (2m) (intro.) of the statutes;
relating to: the distribution
2of proceeds from the sale of certain property acquired by county tax deed.
Analysis by the Legislative Reference Bureau
Under current law, if a person does not pay the tax that is due on the person's
real property before September 1, the county treasurer must issue a tax certificate
to the county that relates to the property. The issuance of a tax certificate begins the
redemption period during which the person may retain the person's property by
paying the delinquent taxes. In most cases, the redemption period is two years. If
the property owner does not pay the delinquent taxes before the redemption period
expires, the county may acquire the property by taking a tax deed on the property,
by commencing an action to foreclose the tax certificate, or by commencing an action
to foreclose a tax lien on the property.
Also under current law, if a county acquires real property that was the former
owner's homestead at any time during the five years previous to the county acquiring
the property by taking a tax deed, the county must send written notice to the former
owner that the former owner may be entitled to a share of the proceeds of a future
sale of the property. To be eligible to receive a share of the proceeds, current law
requires the former owner to submit a written request for payment of the proceeds
within 60 days after receiving the county's written notice. If the former owner fails
to send in the required request for payment within the specified period of time, the
former owner forfeits all claim to those proceeds.
Under this bill, the county is required to send to the former owner the share of
the proceeds to which the former owner is entitled.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB544, s. 1
1Section
1. 75.36 (2m) (intro.) of the statutes is amended to read:
AB544,2,112
75.36
(2m) Notice; proceeds. (intro.) Upon acquisition of a tax deed under this
3chapter if sub. (4) applies, the county treasurer shall notify the former owner, by
4registered mail or certified mail sent to the former owner's mailing address on the
5tax bill, that the former owner may be entitled to a share of the proceeds of a future
6sale.
If the former owner does not request, in writing, payment within 60 days after
7receipt of that notice, the former owner forfeits all claim to those proceeds. If the
8former owner timely requests payment, the The county shall send to the former
9owner the proceeds identified in sub. (3) (c) minus any delinquent taxes, interest and
10penalties owed by the former owner to the county in regard to other property and
11minus the greater of the following amounts:
AB544,2,1413
(1) This act first applies to real property, the tax deed for which is issued on the
14effective date of this subsection.
