SB209: Bill Text

SB209,105 Section 105. 846.10 (2) of the statutes is amended to read:

SB209,39,25 846.10 (2) Any party may become a purchaser. No sale involving a one- to 4-family residence that is owner-occupied at the commencement of the foreclosure action, a farm, a church or a tax-exempt nonprofit charitable organization may be held until the expiration of 12 months from the date when judgment is entered, except a sale under s. 846.101 or 846.102. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 (1) and may be given within the 12-month period except that the first printing of the notice shall not be made less than 10 months after the date when judgment is entered, except that the sale of a farm shall not be made or advertised until the expiration of one year from the date when such judgment is entered. In all cases the parties may, by stipulation, filed with the clerk, consent to an earlier sale. Sales under foreclosure of mortgages given by any railroad corporation may be made immediately after the rendition of the judgment.

SB209,106 Section 106. 846.101 (2) of the statutes is amended to read:

SB209,40,9 846.101 (2) When plaintiff so elects, judgment shall be entered as provided in this chapter, except that no judgment for deficiency may be ordered therein nor separately rendered against any party who is personally liable for the debt secured by the mortgage and the sale of such mortgaged premises shall be made upon the expiration of 6 months from the date when such judgment is entered. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 (1) within such 6-month period except that first printing of a copy of such notice in a newspaper shall not be made less than 4 months after the date when such judgment is entered.

SB209,107 Section 107. 846.102 (1) of the statutes is amended to read:

SB209,40,20 846.102 (1) In an action for enforcement of a mortgage lien if the court makes an affirmative finding upon proper evidence being submitted that the mortgaged premises have been abandoned by the mortgagor and assigns, judgment shall be entered as provided in s. 846.10 except that the sale of such mortgaged premises shall be made upon the expiration of 5 weeks from the date when such judgment is entered. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 (1) and placement of the notice may commence when judgment is entered. In this section "abandoned" means the relinquishment of possession or control of the premises whether or not the mortgagor or the mortgagor's assigns have relinquished equity and title.

SB209,108 Section 108. 846.103 (1) of the statutes is amended to read:

SB209,41,4 846.103 (1) No foreclosure sale involving real property other than a one- to 4-family residence that is owner-occupied at the commencement of the foreclosure action, a farm, a church or a tax-exempt nonprofit charitable organization may be held until the expiration of 6 months from the date when judgment is entered except a sale under sub. (2). Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 (1) and may be given within the 6-month period except that the first printing of the notice shall not be made less than 4 months after the date when judgment is entered.

SB209,109 Section 109. 846.103 (2) of the statutes is amended to read:

SB209,41,24 846.103 (2) If the mortgagor of real property other than a one- to 4-family residence that is owner-occupied at the commencement of the foreclosure action, a farm, a church or a tax-exempt nonprofit charitable organization has agreed in writing at the time of the execution of the mortgage to the provisions of this section, the plaintiff in a foreclosure action of a mortgage, which mortgage is recorded subsequent to May 12, 1978, may elect by express allegation in the complaint to waive judgment for any deficiency which may remain due to the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage, and to consent that the mortgagor, unless he or she abandons the property, may remain in possession of the mortgaged property and be entitled to all rents, issues and profits therefrom to the date of confirmation of the sale by the court. When the plaintiff so elects, judgment shall be entered as provided in this chapter, except that no judgment for deficiency may be ordered nor separately rendered against any party who is personally liable for the debt secured by the mortgage and the sale of the mortgaged premises shall be made upon the expiration of 3 months from the date when such judgment is entered. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 (1) and may be given within the 3-month period except that first printing of the notice shall not be made less than one month after the date when judgment is entered.

SB209,110 Section 110. 846.16 of the statutes is repealed and recreated to read:

SB209,42,12 846.16 Notice; confirmation; transfer. (1) Notice of sale and sale. (a) The sheriff or referee who will hold the sale of the mortgaged premises under a judgment of foreclosure shall give notice of the time and place of sale in the manner provided by law for the sale of real estate upon execution or in such other manner as the court shall in the judgment direct. If the department of veterans affairs is a party in the foreclosure action, the sheriff or referee shall also give notice of the sale by registered mail, return receipt requested, to the department, at least 3 weeks prior to the date of sale. Upon the sale of the mortgaged premises and upon compliance with its terms, the sheriff or referee shall make and execute to the purchaser, the purchaser's assigns, or personal representatives a deed of the premises sold that includes each parcel of land sold to the purchaser and the purchase price.

SB209,42,14 (b) No later than 10 days after the sale of mortgaged premises, the sheriff or referee shall do all of the following:

SB209,42,15 1. File a report of the sale with the clerk of courts.

SB209,42,16 2. Deliver to the clerk of courts all of the following:

SB209,42,17 a. The deed to the mortgaged premises.

SB209,42,19 b. After deducting the costs and expenses of the sale, unless the court orders otherwise, the proceeds of the sale ordered by the court.

SB209,43,2 (c) 1. Except as provided under subd. 2., the sheriff or referee may not accept less than $100 as a deposit or down payment from the purchaser at a sale of mortgaged premises. The sheriff or referee shall deliver the amount of deposit or down payment with the clerk of courts as provided in par. (b) and the purchaser shall pay the balance of the sale price to the clerk of courts upon confirmation of the sale. If the highest bid is less than $100, the sheriff or referee shall deposit the entire amount to the clerk of courts under par. (b).

SB209,43,9 2. If the judgment creditor is the purchaser at the sale of the mortgaged premises, the judgment creditor may give the judgment creditor's receipt to the sheriff or referee for any sum not exceeding the judgment creditor's judgment. The judgment creditor's receipt shall be considered a down payment. If the judgment creditor is the purchaser and the judgment amount is less than the purchase price, the judgment creditor shall pay the difference to the sheriff or referee at the time of sale.

SB209,43,11 3. Regardless of who purchases the mortgaged property, the purchaser shall pay the cost of sale.

SB209,43,13 (2) Confirmation. Before a court may confirm a sale of the mortgaged premises, all of the following shall occur:

SB209,43,18 (a) Before or at the confirmation of sale and within 10 days of the sale, the purchaser shall provide to the judgment creditor any information required to complete the real estate transfer return under s. 77.22 and, if applicable, any information required for a certificate, waiver, or stipulation required under s. 101.122.

SB209,43,20 (b) Before or at the confirmation of sale, the purchaser shall pay to the court all of the following:

SB209,43,21 1. Any balance of the purchase price.

SB209,43,22 2. The amount of the transfer fee under s. 77.22, if any.

SB209,43,25 3. The amount of the fee under s. 59.43 (2) to record the deed and any other document required for the register of deeds to record the deed, including any certificate, waiver, or stipulation required under s. 101.122.

SB209,44,3 (c) Before or at the confirmation of sale, the judgment creditor shall provide to the court the receipt for submitting a transfer return under s. 77.22 and any certificate, waiver, or stipulation required under s. 101.122.

SB209,44,9 (3) Transmittal to register of deeds. (a) Upon the court confirming the sale, the clerk of courts shall transmit the deed received under sub. (1) (b), the receipt for submitting a transfer return under s. 77.22, any certificate, waiver, or stipulation required under s. 101.122, the amount due under s. 59.43 (2) to record the deed and any other document required to record the deed, and the transfer fee, if any, to the register of deeds for recording.

SB209,44,20 (b) Upon confirmation of the sale, the deed executed under sub. (1) (a) shall vest in the purchaser, the purchaser's assigns, or personal representatives all the right, title, and interest of the mortgagor, the mortgagor's heirs, personal representatives, and assigns in and to the premises sold and shall be a bar to all claim, right of equity of redemption therein, of and against the parties to such action, their heirs, and personal representatives, and against all persons claiming under them subsequent to the filing of the notice of the pendency of the action in which such judgment was rendered; and the purchaser, the purchaser's heirs, or assigns shall be let into the possession of the premises so sold on production of such deed or a duly certified copy thereof, and the court may, if necessary, issue a writ of assistance to deliver such possession.

SB209,45,2 (4) No confirmation of sale; resale. (a) If any of the requirements under sub. (2) are not satisfied and the purchaser is not the judgment creditor, the court shall order the purchaser to forfeit the amount of the purchaser's deposit or down payment and that amount shall be paid to the parties who would be entitled to the proceeds of the sale as ordered by the court. The court shall also order that the mortgaged premises be resold. The clerk of courts shall destroy the deed executed to the defaulting purchaser and it shall be of no effect.

SB209,45,6 (b) If any of the requirements under sub. (2) are not satisfied and the purchaser is the judgment creditor, the court may order the purchaser to forfeit the greater of the purchaser's deposit or $500, and order the purchaser to comply with sub. (2) so that the mortgaged property may be sold to the purchaser.

SB209,45,11 (c) If the court does not confirm the sale of the mortgaged premises for a reason other than a failure to satisfy a requirement under sub. (2), the clerk of courts shall return the deposit or down payment to the purchaser and order the mortgaged premises to be resold. The clerk of courts shall destroy the deed received under sub. (1) (b) and it shall be of no effect.

SB209,111 Section 111. 846.17 of the statutes is repealed.

SB209,112 Section 112. 891.385 of the statutes is created to read:

SB209,45,16 891.385 Parking citation as evidence. A finder of fact shall receive a uniform traffic citation issued under s. 345.11 for a nonmoving violation as presumptive evidence of the facts therein stated.

SB209,113 Section 113. 893.93 (2) (b) of the statutes is amended to read:

SB209,45,21 893.93 (2) (b) An Except as provided in sub. (5), an action to recover a forfeiture or penalty imposed by any bylaw, ordinance or regulation of any town, county, city or village or of any corporation or limited liability company organized under the laws of this state, when no other limitation is prescribed by law.

SB209,114 Section 114. 893.93 (5) of the statutes is created to read:

SB209,45,25 893.93 (5) An action to recover a forfeiture or penalty for a nonmoving violation imposed by any bylaw, ordinance, or regulation of any town, county, city, or village shall be commenced within 4 years after the cause of action accrues or be barred.

SB209,115 Section 115. Nonstatutory provisions.

SB209,46,12 (1) Certain Milwaukee County property. As soon as practicable, Milwaukee County shall transfer, unencumbered, to a district created under subchapter II of chapter 229 of the statutes, the property known as 929 North Water Street, Milwaukee, Wisconsin, which is bounded by the Milwaukee River on the west; East State Street on the north; North Water Street on the east; and East Kilbourn Avenue on the south. The transfer shall take effect upon the adoption of a resolution requesting the transfer by the board of directors under section 229.41 (2) of the statutes and a written proclamation of the Milwaukee County executive supporting the transfer, notwithstanding any policies issued, ordinances enacted, or resolutions adopted by the Milwaukee County board to the contrary. The transfer may take place without the approval of the Milwaukee County board.

SB209,116 Section 116. Effective dates. This act takes effect on the day after publication, except as follows:

SB209,46,17 (1) Payment to Bradley Center Sports and Entertainment Corporation. The repeal of sections 16.004 (22) and 20.855 (4) (cy) of the statutes takes effect on June 30, 2017.

SB209,46,19 (2) County debt collections. The repeal and recreation of sections 20.835 (6) (g) and 71.93 (8) (c) of the statutes take effect on June 30, 2036.

SB209,46,21 (3) Payment to a local exposition district. The repeal of sections 16.004 (21) and 20.855 (4) (cr) and (dr) of the statutes takes effect on June 30, 2036.

SB209,46,22 (End)