2017 WISCONSIN ACT 104
An Act to repeal 846.167 (title) and (1) and 846.17; to renumber 846.167 (2) (a) and 846.167 (2) (c); to renumber and amend 846.16 (1), 846.16 (2), 846.16 (3), 846.167 (2) (intro.), 846.167 (2) (b) and 846.167 (3); to amend 77.22 (1), 846.10 (2) (a) 1., 846.10 (2) (a) 2. a., 846.10 (2) (a) 2. b., 846.101 (2) (b), 846.101 (2) (c) 1., 846.101 (2) (c) 2., 846.102 (3) (a) 1., 846.103 (1) and (2) and 846.16 (title); and
to create 846.16 (1) (title), 846.16 (1) (c) 3., 846.16 (2m) (title), 846.16 (3m) (title), 846.16 (3m) (a) 1. and 2., 846.16 (3m) (b) and 846.16 (4) of the statutes; relating to: procedures related to a sale of foreclosed property by a sheriff or referee.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
104,1
Section
1. 77.22 (1) of the statutes is amended to read:
77.22 (1) There is imposed on the grantor of real estate a real estate transfer fee at the rate of 30 cents for each $100 of value or fraction thereof on every conveyance not exempted or excluded under this subchapter. In regard to land contracts, the value is the total principal amount that the buyer agrees to pay the seller for the real estate. This fee shall be collected by the register at the time the instrument of conveyance is submitted for recording. Except as provided in s. 77.255, at the time of submission the grantee or his or her duly authorized agent or other person acquiring an ownership interest under the instrument, or the clerk of court or judgment creditor in the case of a foreclosure under s. 846.16, shall execute a return, signed by both grantor and grantee, on the form prescribed under sub. (2). The register shall enter the fee paid on the face of the deed or other instrument of conveyance before recording, and, except as provided in s. 77.255, submission of a completed real estate transfer return and collection by the register of the fee shall be prerequisites to acceptance of the conveyance for recording. The register shall have no duty to determine either the correct value of the real estate transferred or the validity of any exemption or exclusion claimed. If the transfer is not subject to a fee as provided in this subchapter, the reason for exemption shall be stated on the face of the conveyance to be recorded by reference to the proper subsection under s. 77.25.
104,2
Section
2. 846.10 (2) (a) 1. of the statutes is amended to read:
846.10 (2) (a) 1. If the mortgage was executed before April 27, 2016, upon the expiration of 12 months from the date when the 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 12-month period, except that the first printing of the notice shall not be made less than 10 months after the date when the judgment is entered, and except that the sale of a farm shall not be made or advertised until the expiration of one year from the date when the judgment is entered.
104,3
Section
3. 846.10 (2) (a) 2. a. of the statutes is amended to read:
846.10 (2) (a) 2. a. Except as provided in subd. 2. b., upon the expiration of 6 months from the date when the 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 6-month period, except that the first printing of the notice shall not be made less than 4 months after the date when the judgment is entered, and except that the sale of a farm shall not be made or advertised until the expiration of 6 months from the date when the judgment is entered.
104,4
Section
4. 846.10 (2) (a) 2. b. of the statutes is amended to read: