Residential Properties Pending Foreclosure
(formerly called Maintenance of Abandoned Properties in Foreclosure-APIF)
In January 2009 the City of Milwaukee passed an ordinance regulating the maintenance of abandoned residential properties pending foreclosure and during foreclosure proceedings. The Milwaukee Common Council has modified the ordinance changing the registration and fee requirements (File # 100375). These changes will affect all residential foreclosure actions filed on or after October 28, 2010. Foreclosure actions with a filing date prior to October 28, 2010 are still required to follow the Maintenance of Abandoned Properties in Foreclosure requirements. See http://city.milwaukee.gov/DNS/APIF for more details.
The Department of Neighborhood Services (DNS) has established a process whereby parties initiating a residential foreclosure action in Milwaukee County Circuit court on or after October 28, 2010 can comply with the requirements under the ordinance and register the property with DNS. The process is outlined below.
What is required after filing a foreclosure action in Circuit Court?
Within 5 days of filing the foreclosure action the bank, lender or other financial institution or its responsible agent or servicing company or other foreclosing entity, shall register the property with DNS. The property shall be registered in the name of the lien holder using the Residential Property Pending Foreclosure form. This form can be found at http://itmdapps.milwaukee.gov/PropReg/login.jsp. Here is a tutorial on how to use the registration system.->click here.
The registration form will require the following information:
Property tax key number
Date foreclosure proceeding commenced
Lis pendens document number
CCAP case number
Indication of whether the property is vacant or not
Name, address and contact information of the registrant
Name and address of last known property owner(s)
Name of agent or servicing company and contact information
Name of local agent or servicing company (party responsible for the day-to-day property maintenance)
Signature, name, title, phone number, and email address.
Filing Fees: The filing fee for the registration of a property in foreclosure has changed per Common Council File #100375.
For all Foreclosures actions filed with a Milwaukee County Circuit Court on or after October 28, 2010: A completed registration form and a $300.00 fee plus a 1.4% training and technology surcharge shall be submitted to DNS within 5 days of the filing date.
Note: If the registration is submitted to DNS more than 5 days after the filing date the fee is $325.00 plus the 1.4% training and technology surcharge.
What is required after the filing of foreclosure proceedings?
1. Registration- The bank, lender, or other financial institution or its responsible agent or servicing company shall register the property with the Department of Neighborhood Services (DNS). Registration should be done within 5 days of filing the foreclosure action in MilwaukeeCounty Circuit Court. There is a $300 fee plus a 1.4% training and technology surchage for this registration. The fee is increased to $325 (plus the surcharge) if the registration is not submitted to DNS within 5 days of the date the foreclosure action is filed in Milwaukee County Circuit Court. To determine the fee for a property, read the Instructions for Completing the Residential Property Pending Foreclosure Form instructions: http://city.milwaukee.gov/DNS/RPPFINFO The information provided on the registration form will allow DNS and other City departments to contact the lenders and/or their agents when action is required to secure, maintain and preserve the property.
2. Inspections - The ordinance requires that a physical inspection of the property be made by the bank, lender or other financial institution, or its responsible agent or servicing company. The first inspection shall be conducted within 30 days after the filing of foreclosure proceedings. One or more photographs shall be taken of the property, accurately portraying the condition of the exterior premises. Photographs shall be dated and preserved. Written records should be kept of any actions taken. Additional inspections are required at least once every 30 days thereafter until the property is no longer in default, or is sold at sheriff’s sale, or is otherwise lawfully conveyed to a new owner.
What is required when the inspection determines the property is abandoned?
For the definition of "ABANDONED “click here-->Abandoned Definition.
If inspection of the residential property shows the property is abandoned, the registrant shall notify DNS of the abandoned state of the property. The notification shall include a description of the external condition of the property and whether the building is secure. The notification form must provide the name of the local agent or servicing company that is authorized by the foreclosure filing entity to enter upon the property and to conduct repairs or maintenance as required. The form can be found at http://city.milwaukee.gov/DNS/RPPFABANDONED.
Property posting requirements apply when the property becomes abandoned
The Residential Properties Pending Foreclosure ordinance requires the registrant, registrant’s agent, or servicing company post a sign on or adjacent to all entrances to the building identifying the registrant, and the person responsible for the purpose of service of process, contact information, and prohibiting trespassing upon the property.
Ongoing Maintenance is required when the property becomes abandoned - The ordinance requires the bank, lender or other financial institution or its responsible agent or servicing company or other foreclosing entity to provide ongoing maintenance of an abandoned property throughout the foreclosure period. Maintenance includes, but is not limited to, assuring there are no accessible structures on the premises and assuring there are no conditions upon the property that present an immediate risk to the heath and safety of the public. This includes maintaining the public sidewalk free of snow and ice, cutting of overgrown vegetation (grass/trees), removal of nuisance trash, debris, vehicles, graffiti, etc.
What is required if an RPPF was previously submitted but the foreclosure action is now cancelled, dismissed or discharged?
Please note that an RPPF must still be submitted even if the foreclosure action has been since been cancelled, dismissed or discharged. If this is the case please submit both the registration and Notice of Dismissal simultaneously.
For more information on the responsibilities of bank, lender or other financial institution or its responsible agent or servicing company or other foreclosing entities under this ordinance see Residential Property Pending Foreclosure City Ordinance 200-22.5.