Wisconsin foreclosure timeline question

This is a discussion on Wisconsin foreclosure timeline question within the Mortgages, Refinancing, Foreclosure forum, part of the Buying & Selling Property category; Our house went into foreclosure and we got the summons/notice last November. It was filed in October 2010. The foreclosure ...

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Old Jul 26th, 2011, 03:18 PM   #1
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Default Wisconsin foreclosure timeline question

Our house went into foreclosure and we got the summons/notice last November. It was filed in October 2010. The foreclosure case was 'dismissed' in December when our bankruptcy case was filed with Bank of America's right to reopen once our bankruptcy was dismissed/discharged/etc. The bankruptcy was discharged March 29, 2011, and here we are almost four full months later and BoA has not reopened their case (not that we're complaining, though we're a bit confused as to why). I contacted the clerk of courts today to ask if it had been reopened without our knowledge even though our bankruptcy lawyer had assured us BoA would notify us. The clerk confirmed it was still closed and there were no open cases against us so we're still waiting on that.

My question I guess is... is there a specific amount of time between a bank filing with the court and when the judgment is handed down? Our lawyer had said that once they do reopen the case it will automatically pick up from where they left off, so when it got halted it was just over 2 months into the process. Thanks for any help.
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Old Jul 26th, 2011, 03:56 PM   #2
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I wish to inform you that contents of your judgment will determine your rights. In this regard when the case will be re-opened then you will receive a notice from other side. In this the motion to refile must be within the time allowed by court. In your case the permission to refile was granted after bankruptcy. There is no specific time limit provided in this regard. The the bank has the option to refile after bankruptcy. If no such thing is done within reasonable time and statue of limitation for filing a suit has passed then you may object to refiling.

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Old Jul 27th, 2011, 10:44 AM   #3
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Default Re: Wisconsin foreclosure timeline question

[Qprocess. Thanks for any help.[/QUOTE]


See response posted below.

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Old Jul 27th, 2011, 10:50 AM   #4
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Default Re: Wisconsin foreclosure timeline question

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Originally Posted by akfischer82 View Post
Our house went into foreclosure and we got the summons/notice last November. It was filed in October 2010. The foreclosure case was 'dismissed' in December when our bankruptcy case was filed with Bank of America's right to reopen once our bankruptcy was dismissed/discharged/etc. The bankruptcy was discharged March 29, 2011, and here we are almost four full months later and BoA has not reopened their case (not that we're complaining, though we're a bit confused as to why). I contacted the clerk of courts today to ask if it had been reopened without our knowledge even though our bankruptcy lawyer had assured us BoA would notify us. The clerk confirmed it was still closed and there were no open cases against us so we're still waiting on that.

My question I guess is... is there a specific amount of time between a bank filing with the court and when the judgment is handed down? Our lawyer had said that once they do reopen the case it will automatically pick up from where they left off, so when it got halted it was just over 2 months into the process. Thanks for any help.
No, there is no specific time a court may dismiss a case, foreclosure or any other civil, for failure to prosecute the claim by the plaintiff or for a plaintiff to reopen one.

So far, you have a reprieve. Keep on top of the docket in this case which you may be able to do online if your county maintains online dockets. You should be notified if BofA reopens the case, though, by personal service or certified mail.

Once they do, however, you WILL need to be represented by an attorney to put up a defense to the foreclosure.

I might mention that in Wisconsin a lender may elect to choose non judicial foreclosure, too. If BofA so chooses, they may just send you notice that your property is foreclosed upon and the date of the sale.

In either event, you will need an attorney to halt the foreclosure or sale. With the irregularities such as electronic sales of mortgages where the current holders of the mortgage do not have the original note and mortgage, to forgery of documents for foreclosure, to violations of federal and state statutes in the overwhelming majority of the 60 million plus loans made the past nine years, an experienced real estate and foreclosure/mortgage defense attorney can defeat many of these mortgages should the matter go to trial.
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