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Wisconsin Real Estate Law Questions & Answers
3 Answers | Asked in Bankruptcy, Collections and Real Estate Law for Wisconsin on
Q: Why won't a collection agency reissue satisfaction or payoff after bankruptcy?

I had a Chapter 7 bankruptcy discharged in September 2021, and I'm currently going through a mortgage application process. During the title search, a judgment that was included in the bankruptcy appeared. I contacted the Wisconsin collection agency that held the judgment, but they are... View More

David S. Burleson
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answered on Jun 26, 2025

If you received an Order of Discharge in your bankruptcy case, then you can apply to have the judgments satisfied using your bankruptcy paperwork. There are several documents to prepare and file with the county where the Judgment is located starting with an Application for Order of Satisfaction of... View More

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3 Answers | Asked in Bankruptcy, Collections and Real Estate Law for Wisconsin on
Q: Why won't a collection agency reissue satisfaction or payoff after bankruptcy?

I had a Chapter 7 bankruptcy discharged in September 2021, and I'm currently going through a mortgage application process. During the title search, a judgment that was included in the bankruptcy appeared. I contacted the Wisconsin collection agency that held the judgment, but they are... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 26, 2025

In my state, PA, a final judgment becomes a lien when properly filed. And after the bankruptcy "preference" (90 days preceding bankruptcy filing) and "fraudulent conveyance" (2 years federal and up to four years a "state law") has passed, that judgment lien becomes... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Real Estate Law for Wisconsin on
Q: How to obtain withheld documents for life insurance claim in Wisconsin?

My grandmother passed away, and she had life insurance policies with AMC Kenosha and Globe Union. Her wish was for her granddaughter to use the benefits for a better quality of life. However, my aunt is withholding the death certificate and attorney information needed to collect the policy.... View More

Anthony M. Avery
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answered on May 10, 2025

Whatever is on the designation of beneficiaries is her wish. If you think granddaughter is the beneficiary, then get a death certificate and make a claim on the policy with the carrier. If no results, sue the carrier for bad faith breach of contract.

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2 Answers | Asked in Construction Law, Personal Injury and Real Estate Law for Wisconsin on
Q: Can I sue for injuries from falling into a trench on a construction site with exposed rebar?

I fell into a trench on a construction site where underground wiring work was being done, and an exposed rebar punctured my left leg. There were no warning signs, barriers, or ropes around the trench. The rebar pierced my left knee, went in about 4-5 inches, and hit my superficial femoral artery. I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2025

A Wisconsin attorney could advise best, but your question remains open for a week. It could depend on a number of factors, such as your capacity there, what you were doing, whether the site was complying with safety protocols, etc. I'm sorry about your injuries, but if you approached a law... View More

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In a WI quiet title , if you sent Complaint and it's been served by Sheriff's Office but forgot summons, what do you do?

Is it necessary to send it?

Anthony M. Avery
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answered on Feb 11, 2025

Unless the Complaint and Summons was served on the defendant, no service occurred. You will need to pay for another Complaint and Summons to be served on that defendant, who is now aware of the suit and will probably avoid service.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In a Quiet Title Action, in WI, should you try mailing a quit claim deed before the defendant has given a response?
Anthony M. Avery
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answered on Feb 11, 2025

I assume you are trying to settle the case. If so, you could write a letter to the defendant about what you are trying to do, and that execution and delivery of a proper quit claim deed will resolve the legal issues as to that defendant/grantor. You may wish to voluntarily dismiss the case as... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am an officer in a small condo HOA in Wisconsin. We are soliciting quotes for insurance coverage...

as a series of six twinplexes without revealing we are an HOA. Is this legal?

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. Whether or not what you are doing is legal or illegal under Wisconsin law (a local attorney should advise there, as insurance practices are governed largely by state law - it does not sound like something that... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Who do I report a neighbor removing a property line marker to and what steps can I take legally?

I need to file a complaint against my neighbor in Wisconsin, who recently removed my property line marker. The incident occurred within the last month, and we've had property disputes in the past. In 2018, we hired a land surveyor to mark our property lines before installing a privacy fence.... View More

James L. Arrasmith
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answered on Oct 29, 2025

You should begin by reporting the incident to your local city or county zoning or planning department in Wisconsin. These offices handle property disputes and fence placement issues. Provide them with your survey maps, photographs, and any other documentation that shows where your property line... View More

1 Answer | Asked in Foreclosure, Civil Litigation, Gov & Administrative Law and Real Estate Law for Wisconsin on
Q: How can a foreclosure proceed without notifying the homeowner, and what steps should I take to address it?

I recently discovered that a foreclosure case was filed and closed between June 7, 2025, and August 17, 2025, without my knowledge. I never received any notice or summons, yet my ex-wife was notified and later removed from the case. The foreclosure involved a home equity loan used for a remodel,... View More

James L. Arrasmith
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answered on Oct 24, 2025

It’s alarming to learn that a foreclosure was filed and completed without your knowledge, especially since you were never notified. In most states, due process requires that the homeowner be formally served with notice of the foreclosure before any judgment can be issued. If you were not served,... View More

1 Answer | Asked in Real Estate Law and Contracts for Wisconsin on
Q: Do I own the shovel on land bought with no removal deadline?

I purchased a piece of land from my aunt about 20 years ago. The land includes an old antique shovel, which was used for mining gravel. My aunt wanted this shovel to go to her nephew by blood, and this agreement was included in the sales contract. However, there was no deadline specified for the... View More

James L. Arrasmith
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answered on Oct 16, 2025

It sounds like you’ve taken good care of the property and the shovel over the years, and your question is a fair one. In general, when a contract includes an agreement allowing someone to remove personal property but doesn’t specify a deadline, the law assumes it should be done within a... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Wisconsin on
Q: Can a towing company charge $1500 without clear fee info?

My son's car was towed from an accident on 09/20/2025. We have had a very difficult time reaching Advanced Diesel in Richfield, WI to see the vehicle and have received no answers regarding the fees. The car was towed at the request of a police officer on the scene. After repeated attempts to... View More

James L. Arrasmith
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answered on Oct 15, 2025

It’s understandable to feel frustrated and taken advantage of in this situation. In Wisconsin, towing companies must follow specific laws that limit how they can charge for police-ordered tows and vehicle storage. They are required to provide an **itemized invoice** that clearly lists towing,... View More

2 Answers | Asked in Construction Law, Landlord - Tenant, Business Law and Real Estate Law for Wisconsin on
Q: Filing a lien for unpaid construction work on a property conveyed to HUD.

I performed work on a property through my company as a subcontractor for a national field services management company, focusing on property preservation. The property was originally owned by a bank and has since been conveyed to HUD. The field services management company has consistently paid late... View More

Sul Lee
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answered on Nov 6, 2025

This matter is likely federal and should be addressed to multiple parties, including the general contractor, the landlord, and any other contractors involved, if applicable. The appropriate parties to notify will depend largely on whether you are acting as a sub-subcontractor or a general... View More

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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Wisconsin on
Q: Is my property manager breaching my lease by not completing maintenance requests and denying garage access?

I am concerned about my property manager potentially breaching my lease agreement. I have maintenance requests pending for a garage door opener, broken cabinet hinges, and dirty vents for over two months without resolution. My lease includes payment for a garage spot, access to which was promised... View More

James L. Arrasmith
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answered on Oct 3, 2025

From what you’ve described, it does sound like your property manager may be in breach of the lease. When a lease includes access to a garage spot and you are paying for it as part of your rent, failure to provide that access can be considered a violation of the agreement. In addition, landlords... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Wisconsin on
Q: Legal limit for application fees in Wisconsin?

I'm currently searching for a new place to rent in Wisconsin and am being charged between $50-$70 in application fees. Is this legal?

James L. Arrasmith
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answered on Oct 2, 2025

In Wisconsin, landlords are allowed to charge rental application fees, but the law places limits on how those fees can be used. A landlord may charge you the actual cost of obtaining a consumer credit report or conducting a background check, but they cannot profit from the fee. This means the... View More

1 Answer | Asked in Agricultural Law, Real Estate Law, Tax Law and Estate Planning for Wisconsin on
Q: How to gift 5 acres of land to children for building and collateral use in Wisconsin?

I have 30 acres of land, and I want to gift 5 acres to my children so they can build on it and use the land as collateral. There are no existing mortgages or zoning issues. What steps do I need to take to transfer ownership immediately, and are there any legal or tax implications I should be aware... View More

James L. Arrasmith
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answered on Sep 29, 2025

To gift a portion of your land in Wisconsin, you would need to have the 5 acres surveyed and legally described so it can be separated from your larger 30-acre parcel. Once you have a proper legal description, you can prepare and sign a deed—typically a quitclaim deed or warranty... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Wisconsin on
Q: Does the 30-day notice override my lease clauses and verbal agreement?

Does my landlord's 30-day notice of termination for nonpayment of rent override the 60-day notice requirement and the winter extension clause in my lease, as well as our verbal agreement concerning delayed rent payments? In August, I informed my landlord I couldn't pay, and he said to pay... View More

James L. Arrasmith
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answered on Sep 29, 2025

In your situation, the written lease is the strongest authority, and its terms usually carry more weight than a landlord’s attempt to shorten notice requirements. If your lease clearly says a 60-day notice is required and includes a winter extension clause, those provisions should apply unless... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Consumer Law for Wisconsin on
Q: Is there a law in Wisconsin that limits towing fees or regulates towing company promptness?

I parked in a private apartment complex in Wisconsin while visiting friends on the weekend without a guest pass, and my car was towed after an hour. There was a sign at the complex stating, "Violators will be towed." The towing company is charging me $320, which I believe is unreasonable... View More

James L. Arrasmith
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answered on Sep 21, 2025

In Wisconsin, towing from private property is regulated under state law, but the rules mainly focus on notice and signage rather than strictly limiting fees. Property owners must provide clear signage warning that vehicles may be towed, which it sounds like your apartment complex did. The towing... View More

1 Answer | Asked in Collections, Landlord - Tenant and Real Estate Law for Wisconsin on
Q: Received debt collection calls for apartment issues after subleasing, unclear charges, no written notice.

I rented an apartment in Wisconsin and moved out a year ago. After my departure, the apartment was subleased to two tenants. I've recently received calls from a debt collection agency for a $3,000 balance related to post-move-out issues like furniture. They listed me with three others and want... View More

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answered on Sep 19, 2025

You should start by requesting a written validation of the debt from the collection agency. Under federal law, they are required to provide proof of the debt, including an itemized statement and documentation showing you are legally responsible. Do not make any payments or admit liability until you... View More

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