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Old 03-17-2011, 04:11 PM
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Default When do you find out if bank is seeking a...

...deficiency judgment for Wisconsin foreclosures? I just learned that my bank has filed a foreclosure case against me but I haven't been served yet or seen any paperwork. I'm wondering if the initial paperwork I'll be receiving will indicate whether they'll go after a deficiency or not. Thanks!Ryan, that's not true. In Wisconsin, the bank has to know ahead of time if they will seek a deficiency and let the courts know. If they don't seek the deficiency, they can put the home on the market within 2-6 months; if they do seek a deficiency, they have to wait a year. Realtor, please explain this information with regards to the Wisconsin foreclosure process. This matches what a lawyer we consulted with told us a few months ago:Judicial ForeclosureThe judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, the property will be auctioned off to the highest bidder. However, in Wisconsin, no sale may be made for one year from the date the judgment is entered unless the lender waives the right to a deficiency, in which case the delay is six months, or two months if the property is abandoned. Sales by consent may be earlier.
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