The case began more than 3 1/2 years ago when a widow—physically and financially unable to care for her house—vacated her house and did not answer or dispute foreclosure. During the redemption period, the property fell into disrepair and was burglarized. (The court of appeals blamed the bank for failing to keep up the property.) The bank decided not to sell the property in its dilapidated state.
The owner then moved to amend the judgment, arguing that the circuit court should order the bank to sell the property within 5 weeks of the amended judgment, pursuant to Wis. Stat. § 846.102(1) (“In an action for enforcement of a mortgage lien if the court makes an affirmative finding upon proper evidence being submitted that the mortgaged premises have been abandoned by the mortgagor and assigns, judgment shall be entered as provided in s. 846.10 except that the sale of such mortgaged premises shall be made upon the expiration of 5 weeks from the date when such judgment is entered. . . .”). Continue reading this entry