Milwaukee Foreclosure Defense Attorney

More Than 25 Years Defending Milwaukee Homeowners Against Foreclosure

If you’re falling behind on mortgage payments, your lender may attempt to recover the balance by forcing the sale of your home. That process is foreclosure, and in Wisconsin it’s judicial, meaning the bank must file a lawsuit in court to start it. That requirement gives you legal rights and real options, but only if you act before the process advances.

If you’re at risk of foreclosure, don’t wait. I’m Attorney Andrew Sapinski, and I’ve spent more than 25 years helping Milwaukee-area homeowners fight back against foreclosure, restructure their debt, and work to protect their homes. My practice is built entirely around bankruptcy and debt relief, so the Chapter 13 strategy that underlies most Wisconsin foreclosure defenses is work I do every day.

With offices in Milwaukee, Elm Grove, and Appleton, I serve clients throughout Milwaukee County, including:

• West Allis
• Greenfield
• Wauwatosa
• New Berlin
• Brookfield

Facing foreclosure in Milwaukee? Call Sapinski Law Office, S.C. at (888) 298-1041 or contact us online to schedule a free consultation. I also serve clients in Appleton.

Strategies to Halt or Avoid Foreclosure in Wisconsin

Wisconsin homeowners facing foreclosure have more options than they often realize. The right strategy depends on how far along the process is, your financial situation, and your long-term goals. Some paths can protect your home; others allow you to exit cleanly and limit the damage. I can walk you through all of them.

One important tool available is Chapter 13 bankruptcy. Filing before the judge confirms the foreclosure sale can stop the process and give you time to catch up on what you owe. Don’t wait until the last minute. File your bankruptcy months before the confirmation date, not days.

Mediate Milwaukee, a program of the Milwaukee Justice Center, administers foreclosure mediation locally. The process connects homeowners with a housing counselor who helps them gather financial documents and prepare for mediation with the lender. Mediation can create an opening to negotiate a loan modification, repayment plan, or forbearance agreement. Participation requirements and fees depend on the organization administering the program.

Other strategies for avoiding foreclosure include:

• Reinstating your mortgage by bringing overdue payments current
• Negotiating a payment plan or loan modification with your lender
• Refinancing at a better rate and paying off the existing loan
• Selling in a short sale or transferring the property through a deed in lieu of foreclosure

Not sure which path fits your situation? Explore pandemic foreclosure options. The sooner you talk with me, the more options you may have.

I’m prepared to help you fight judicial foreclosure in Wisconsin. Call a foreclosure defense attorney in Milwaukee at (888) 298-1041 to get started.

Liquidation Bankruptcy & Home Equity

Chapter 7 bankruptcy can temporarily pause foreclosure activity while discharging qualifying unsecured debts, such as credit card balances and medical bills. It doesn’t provide the three-to-five-year mortgage arrearage repayment structure available through Chapter 13, so I evaluate whether it fits your debt, income, home equity, and long-term goals.

Wisconsin’s homestead exemption protects up to $75,000 in equity in an owner-occupied home from execution, judgment liens, and debt liability, subject to mortgages and certain other liens. Each spouse may claim up to $75,000 for qualifying jointly owned, commonly owned, or marital-property land. I assess the available exemption before recommending this option when a homeowner wants to retain the property.

Chapter 13 Bankruptcy: A Lifeline for Your Mortgage

Under Chapter 13, you get three to five years to repay your mortgage arrearage through a court-approved debt repayment plan. While the plan runs, you continue making your regular monthly mortgage payments. Filing the case triggers the automatic stay, which immediately halts foreclosure and collection activity. In some cases, you can also modify your mortgage through Chapter 13, adding the arrearages to the back of the loan and potentially reducing your monthly payment going forward.

With more than 2,000 bankruptcy filings handled over the course of my career, Chapter 13 mortgage arrearage plans aren’t a secondary service. They’re central to what I do every day.

Legal Defenses Available to Milwaukee Homeowners

Because Wisconsin foreclosure is judicial, you’re served with a formal summons and complaint when the lender files in circuit court. The summons and complaint state the deadline for filing a written answer. Missing that deadline allows the lender to seek a default foreclosure judgment, which can limit your ability to contest the case. Filing a complete answer preserves your right to raise affirmative defenses before the court.

Common defenses available to Wisconsin homeowners facing foreclosure include:

• The lender didn’t follow required state foreclosure procedures
• The foreclosing party can’t prove it owns or holds the loan
• The loan servicer made an error in handling the home loan
• A defective affidavit or declaration was submitted by the loan servicer
• The Servicemembers Civil Relief Act applies because the borrower is active-duty military
• The statute of limitations has expired on the foreclosure action

Homeowners can also reinstate the mortgage at any time before judgment by paying all overdue amounts. Under Wis. Stat. §846.05, a successful reinstatement results in dismissal of the foreclosure lawsuit. As a foreclosure defense attorney with more than 25 years of experience, I can assess which defenses may apply to your situation and respond to the complaint on your behalf.

Understanding the Wisconsin Foreclosure Timeline

The Wisconsin foreclosure process can take anywhere from 6 to 18 months from the start of legal action, depending on the court schedule, the redemption period, and whether the homeowner contests the case. Here’s what the process looks like from start to finish.

Act Now to Prevent Foreclosure in Milwaukee

Time is the one thing you can’t get back in a foreclosure case. Every stage of the process narrows your options, and waiting makes the path forward harder. I offer a free case evaluation to Milwaukee homeowners facing foreclosure. There’s no cost to picking up the phone, and it can be the first step toward protecting your home.

I also offer affordable payment plans, so getting the legal help you need doesn’t have to make a difficult financial situation worse.

Learn More About Foreclosure & Bankruptcy Options

• Foreclosure vs. Bankruptcy: Which is worse?

Put 25 years of legal experience on your side, including work involving wage garnishment experience. Call Sapinski Law Office, S.C. to speak with a Milwaukee foreclosure defense attorney today.

Commonly Asked Questions