Friday, June 24, 2011

Foreclosure and Tenant Rights Statutes

Wisconsin State Statutes concerning foreclosures and tenant rights:

846.35 Protections for tenants in foreclosure actions.

846.35(1) - Notices from plaintiff.
 
846.35(1)
(a) If residential rental property is the subject of a foreclosure action, the plaintiff shall provide the following notices at the following times to the tenants who are in possession of each rental unit when a notice is given:

846.35(1)(a) 1. No later than 5 days after the foreclosure action is filed, notice that the plaintiff has commenced a foreclosure action with respect to the rental property.

846.35(1)(a) 2. No later than 5 days after the judgment of foreclosure is entered, notice that the plaintiff has been granted a judgment of foreclosure with respect to the rental property and notice of the date on which the redemption period ends.

846.35(1)(a) 3. When the confirmation of sale hearing has been scheduled, notice of the date and time of the hearing.


846.35(1)
(b) The notices under par. (a) may be given in any of the following ways:

846.35(1)(b) 1. By personal service as provided in s. 801.11 (1).

846.35(1)(b) 2. By certified mail with return receipt requested. Notice given under this subdivision is considered completed when it is mailed, unless the envelope enclosing the notice is returned unopened to the plaintiff. All notices mailed under this subdivision shall be mailed in envelopes upon which the plaintiff's, or the plaintiff's attorney's, return address appears, with a request to return to that address.


846.35 (2) - Extended possession of premises; withholding last month's rent.

846.35(2)
(a) Notwithstanding ch. 704, all of the following apply to a tenant whose tenancy is terminated as a result of a foreclosure judgment and sale with respect to the rental property:

846.35(2)(a) 1. Subject to subd. 3., the tenant may retain possession of the tenant's rental unit for up to 2 months after the end of the month in which the sale of the property is confirmed.

846.35(2)(a) 2. The tenant may withhold rent in an amount equal to the security deposit during the last period the tenant actually retains possession of the rental unit, regardless of whether the tenant retains possession after the sale of the property is confirmed, as authorized under subd. 1.

846.35(2)(a) 3. The tenant's right to retain possession of the rental unit expires at the end of the month for which the tenant withholds rent, as authorized under subd. 2.

846.35(2)
(b) Subject to par. (a) 2., a tenant who retains possession of the rental unit after the sale of the property is confirmed shall pay rent for the period during which the tenant retains possession at the same rate that applied immediately before the confirmation of the sale of the property.


846.35 (3) - Execution of writ of assistance or restitution. No writ of assistance or writ of restitution for the removal of a tenant whose tenancy is terminated as a result of a foreclosure judgment and sale may be executed before the end of the 2nd month beginning after the month in which the sale of the property is confirmed, unless the tenant has waived in writing the right under sub. (2) (a) 1. to retain possession of the rental unit.


846.35 - (5) Tenant not named in complaint. In an action for foreclosure of residential real property, the complaint may not name a tenant as a defendant unless the tenant has a lien or ownership interest in the real property.


846.35 - (6) Penalties. If a plaintiff fails to provide a notice under sub. (1) (a) in accordance with sub. (1) (a) and (b), or fails to comply with sub. (5), the court shall award the tenant to whom the notice should have been given or who should not have been named as a defendant $250 in damages, plus reasonable attorney fees. A tenant may not recover under this paragraph for more than one notice violation.

(https://docs.legis.wisconsin.gov/statutes/statutes/846/35/3)

Thursday, June 23, 2011

Emergency Homeowners’ Loan Program

The U.S. Department of Housing and Urban Development (HUD) in conjunction with NeighborWorks® America announced the launch of the Emergency Homeowners’ Loan Program (EHLP) to help homeowners who are at risk of foreclosure in Wisconsin.

Congress provided $1 billion dollars to HUD, as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to implement EHLP. The program will assist homeowners who have experienced a reduction in income and are at risk of foreclosure due to involuntary unemployment or underemployment due to economic conditions or a medical condition. HUD allocated $51,540,638 to fund this emergency loan program in Wisconsin.

Under EHLP program guidelines, eligible homeowners can qualify for an interest free loan which pays a portion of their monthly mortgage for up to two years or up to $50,000, whichever comes first.

The EHLP program will pay a portion of an approved applicant’s monthly mortgage including missed mortgage payments or past due charges including principal, interest, taxes, insurances, and attorney fees. EHLP is expected to aid up to 30,000 distressed borrowers, with an average loan of approximately $35,000.

The EHLP program is a complement to the Hardest Hit Fund which makes available $7.6 billion to 18 states and the District of Columbia that were hardest hit by the housing crisis. The EHLP program will be offered in the following states: Alaska, Arkansas, Colorado, Hawaii, Iowa, Kansas, Louisiana, Maine, Massachusetts, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming and Puerto Rico. Five states operating substantially similar programs are administering EHLP directly: Connecticut, Delaware, Idaho, Maryland, and Pennsylvania. With today’s launch, mortgage assistance is now available for unemployed and underemployed homeowners in every state.

The deadline for submitting the Pre-Applicant Screening Worksheet is July 22, 2011. Homeowners are encouraged to apply now in order to determine if they qualify for this new mortgage assistance program and learn more about the many options available to assist those with housing needs.

Contact information for participating agencies, the Pre-Applicant Screening Worksheet and more information on the EHLP program and its eligibility requirements can be found at www.FindEHLP.org or by calling toll free at 855-FIND-EHLP (346-3345).

The following agencies in Wisconsin will be accepting applications for the EHLP:

Homestead Solutions
435 Algoma Boulevard
Oshkosh, WI 54901
Phone: 920-230-3324
Web: http://www.homesteadsolutions.org/

Couleecap, Inc.
201 Melby Street
Westby, WI 54667
Phone: 608-634-7361

Family Service Association of Sheboygan, Inc.
1930 N. 8th Street
Sheboygan, WI 53081
Phone: 920-458-3784
Web: http://www.cccsonline.org/

Housing Resources, Inc.
7830 W. Burleigh Street
Milwaukee, WI 53222
Phone: 414-461-6330
Web: http://www.hri-wi.org/

Light Streams Community Development Corporation
6125 W. Baldwin Street
Milwaukee, WI 53218
Phone: 414-464-0202

MMI – Madison
128 E. Olin Avenue, Suite 100
Madison, WI 53713
Phone: 877-329-2502
Web: http://www.moneymanagement.org/

MMI – Racine
524 Main Street, Suite 300
Racine, WI 53403
Phone: 877-329-2502
Web: http://www.moneymanagement.org/

Neighborhood Housing Services of Beloit, Inc.
520 W. Grand Avenue
Beloit, WI 53511
Phone: 608-362-9051
Web: http://www.nhsofbeloit.org/

NeighborWorks Green Bay
437 S. Jackson Street
Green Bay, WI 54301
Phone: 920-448-3075
Web: http://www.nwgreenbay.org/

NHS of Richland County
125 E. Seminary Street
Richland, WI 53581
Phone: 608-647-4949
Web: http://www.nhsrcwi.org/

Select Milwaukee, Inc.
2209 N. Dr. Martin Luther King, Jr. Drive
Milwaukee, WI 53212
Phone: 414-562-5070
Web: http://www.selectmilwaukee.org/

Tuesday, June 21, 2011

Collaboration Work Group Bus Ride

Email received from Angie McCarthy regarding the June 27 collaboration working group meeting.  This may be a good opportunity for folks unfamiliar with the Oshkosh area and/or bus system.

We are doing a non traditional meeting for June 27th. Please read information below & respond to Alex no later than June 23rd. Thank you & hope to see you on the bus!



Oshkosh Collaboration Work Group June Meeting “Try Transit” Oshkosh Bus Ride (in lieu of meeting)


Monday, June 27, 8:00am-9:30am


Leave & Return from Oshkosh Transit Center, Pearl St. between Market and Division (park your car in the public lot across from the Grand Opera House)

Learn about fares (cash and passes), transfers, routes and bus stops, service hours, Bike ‘N Ride and senior and disabled services. Enjoy a stop at the Habitat for Humanity ReStore for coffee and a donut. Experience one of our community’s resources and become a better source of information for your customers.
Seats are limited so be sure to RSVP to Alex Annoye at alex.annoye@workforceeconomics.org by June 23rd.