Residential Properties Pending Foreclosure
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 modified the ordinance requirements, and beginning in 2010, all properties in foreclosure became subject to the requirements (File # 100375).
In 2015, the Common Council passed updated ordinance language for the existing Residential Properties Pending Foreclosure (RPPF) program (file # 141900). This language now requires the Department of Neighborhood Services (DNS) to collect additional information about the entities involved in a foreclosure action. A list of required information is below.
The online registration form can be accessed at http://itmdapps.milwaukee.gov/PropReg. If you have questions about the information that is required, a tutorial on how to use the system can be accessed here: RPPF System Guidance Document
Parties initiating a residential foreclosure action in Milwaukee County Circuit court on or after October 28, 2010 can comply with the requirements by submitting a registration. The registration is accessible using the website listed above. Additional information about 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.
The registration form will require the following information:
Property tax key number OR Property address
Indication of whether the property is vacant
Lis pendens document number and lis pendens recording date
CCAP case number
Name of the plaintiff initiating the foreclosure action
Register of Deeds document number for the mortgage and the date the mortgage was recorded
Name and address of last known property owner(s)
Name and address of the mortgagee/lender
Name, address, and registered agent information for the owner of the note
Indication of whether there is a federal interest in the note
Name, address, and registered agent of the servicing company
Name of a local agent responsible for property maintenance
Filing fee of $300*
*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. 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.
The ordinance requires that a physical inspection of the property be made by the bank, lender or 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 foreclosure, or is sold at sheriff’s sale, or is otherwise lawfully conveyed to a new owner.
Notification of Abandonment
If inspection of the residential property shows the property is abandoned, the registrant shall notify DNS of the abandoned state of the property. This can be done by accessing the registration website and submitting an updated registration that indicates the abandoned status as well as additional local contact information.
The definition of abandonment can be found here-->Abandoned Definition.
Notification of Updated Contact Information – Anytime contact information has changed, the registration will need to be updated. This can be accomplished by accessing the registration website and submitting a new registration with the updated information. There is no charge to submit an update.
By using the new “search” function on the website, registrations submitted after January 25, 2016, can be accessed, edited, and resubmitted free of charge. This only applies when there has been a change in contact information, and not when a new lis pendens has been filed.
Notification of Termination – The RPPF ordinance requires notification if the foreclosure action is cancelled, dismissed or discharged. This can be done by accessing the form on the registration website, or by contacting the Department at PropertyPendingForeclosure@milwaukee.gov.
For complete information on the responsibilities of the bank, lender or other financial institution or its responsible agent or servicing company, please see the full ordinance language in the Milwaukee Code of Ordinances click here MCO200-22.5. Go to page 24 of the MCO or Page 17 of the PDF.
Please contact DNS at PropertyPendingForeclosure@milwaukee.gov or 414-286-8569 with any questions.