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ATTENTION LENDERS: Local Rule Regarding Notice of ADR in Foreclosure Cases Amended

Norman D. Farnam

November 1, 2013

There is a new local rule for Dane County Courts that expands the scope of the foreclosure alternative dispute resolution (ADR) rule so that lenders will need to give notice to some residential rental owners.

Effective November 1, 2013, the Dane County Circuit Court changed its local rule regarding alternative dispute resolution and notice of mediation in foreclosure cases. Rule 118 requires the plaintiff in a foreclosure action to provide notice to the defendant that alternative dispute resolution may be requested by either party. The original rule applied only to foreclosure actions involving homestead property that is owner-occupied. The recent amendment expands the scope of the rule to apply to any residential property with up to four units.

The complete text of the amended rule is as follows:

118: Alternative Dispute Resolution / Notice of Mediation in Foreclosure Cases

Unless otherwise directed by the Court, ADR will be used pursuant to section 802.12 Wis. Stats. (Alternative Dispute Resolution) in all areas where appropriate.

In foreclosure actions, the Court shall require the plaintiff to inform the defendant in writing, using the forms adopted by the Court, at the time of service, that ADR procedures (Sec. 802.12 Wis. Stats.) may be requested by either party. Such forms, when served, shall be printed on pink paper and placed directly behind the summons. This rule shall apply only to residential property with up to four units.

The adopted forms shall be available both on the Clerk of Courts website and in hard copy from the Clerk of Court’s office and shall set forth the ADR procedures and deadlines.

The revised forms which must be attached to the foreclosure Summons are available via the following links:

(1) Mediation Process Description;

(2) Notice of Availability of Mediation; and

(3) Mediation Request Form

If you have any questions about how the information in this article may affect you or your business, please contact Norm Farnam at nfarnam@stroudlaw.com or (608) 257‑2281 or your Stroud attorney.


 

DISCLAIMER: The information in this article is provided for general informational purposes only, is not necessarily updated to account for changes in the law, and should not be considered tax or legal advice. This article is not intended to create, nor does the receipt of it constitute, an attorney-client relationship. You should consult with your own legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.