Foreclosures

Foreclosure cases can be found on WCCA by performing an “Advanced Case Search” and entering the case classification code of: 30404 along with the other required information.

After a judgment of foreclosure is granted by the court, a “Sheriff’s Deed” will be given to the court for safekeeping. The Sheriff will hold a “Sheriff’s Sale” in the Sheriff's Office (Room A136). If someone successfully bids on the property, they will be required to deposit 10% of that bid in the Clerk of Courts office by cash, money order or cashier’s check – a personal check will not be accepted as indicated in the Notice of Sheriff’s Sale. The court will then schedule a hearing for the “Confirmation of Sale”. At that hearing the court will typically sign the order confirming sale requiring the successful bidder to pay the balance owed from the sale by money order, cashier’s check or cash. Upon the balance being paid, the Clerk will handle the processing of the payment and the Sheriff's deed – as directed in the order confirming sale. It is the responsibility of the buyer to pay any transfer fees.

If the successful bid exceeds the amount owed on the property, there may be a “surplus of funds”. When that happens, any creditor in that court case, can petition the court for their portion of the surplus funds. A signed order of the court is required in order to payout any surplus funds.

If the successful bidder paid less than the amount owed on the property, a deficiency judgment may be filed against the defendant(s).

A listing of Sheriff mortgage foreclosure sales are located on this Sheriff’s Office webpage.

Foreclosure Mediation

What is the Foreclosure Mediation Program?

Marathon County’s foreclosure mediation program is administered by Mediate Wisconsin and is part of the Wisconsin Foreclosure Mediation Network. This Network receives funding from the Wisconsin Department of Justice and support from your local courts.

The Program is available to assist homeowners facing a mortgage foreclosure action in Marathon County. Mediation is a confidential and voluntary process where you and the lender seeking to foreclose on your home may discuss ways to resolve your foreclosure case, including reinstatement of the loan and possible modification of the loan terms.

How to Apply

We cannot provide you with legal advice, however if you have general questions, please contact the Clerk of Courts Office via email at Marathon.Clerk@WIcourts.gov or by phone at 715-261-1300.

1. Complete the online form on Mediate Wisconsin. Ideally, this should be completed as close to the summons date as possible. Within two business days of receiving the Request Form, the Program Administrator will refer a housing counseling agency to you via mail or email.
2. Contact your housing counselor to set up a meeting for the purpose of compiling a complete loan modification application. The housing counselor sends the loan modification application directly to the Program Administrator.
3. Pay the mediation fee by check, money order or credit card payment. The form indicates the amount and where to pay the fee.

After you have completed all three mediation request steps, the Program Administrator will notify your lender to request their participation, seeking a response within 10 business days. Your Lender’s non-refundable mediation fee is due at the time of their consent.

Requirements

Even after applying for mediation, you are required to comply with all mandatory deadlines set by the court, including the time to answer the Complaint. Please read the Summons and Complaint carefully and make sure you understand your rights and the time period for filing an Answer or Responsive Pleading. If you do not file an Answer or Responsive Pleading, the court may grant judgment against you and you may lose your right to object to anything that you disagree with in the Complaint.

While everyone is always strongly encouraged to consult with an attorney, you are not required to be represented by an attorney. You may contact the statewide Lawyer Referral and Information Service at 800-362-9082 or the local Wisconsin Judicare office at 800-472-1638, to obtain the names of attorneys who may be able to assist you.  If you are working with a lawyer, please notify the Program Administrator of their name and contact information.

The mediation session must be attended in person by all homeowners who signed the note. All attorneys must also attend in person or by video conference, if available. The loan servicer will attend by telephone. Either party may have other support persons such as attorneys, loan officers and tax advisers attend or available by phone.