5/19/2010  Craig Haskins 

Under existing law, when a deed, mortgage or other typical real estate document is presented to the Register of Deeds (“ROD”) for recording, it is accompanied with a recording fee equivalent to $11 for the first page and $2 for each additional page. This will change under the new law.

4/22/2010  Craig Haskins 

There is no existing law that enables the use of an affidavit to repair a recorded document that contains an error. About a decade ago, the RODs created a form called an Affidavit of Correction (“AOC”) which was to be used to fix minor errors in recorded documents.

4/19/2010  Craig Haskins 

In 1999 the first commercial broker lien law went into effect with lackluster results. The old version of the law required commercial real estate brokers to record a notice of intent to file a lien within a strict time period prior to the closing of the transaction

2/6/2009  Cheri Hipenbecker 

For a number of years it’s been the practice of many legal practitioners to record a condominium plat and declaration the day before the first sale of a condominium unit. Practitioners have employed this practice to ensure, in part, that the individual tax parcel numbers (and an actual assessment) for the condominium units are assigned at the time of the first unit sale rather than during the construction phase of the condominium project. With the advent of a new ordinance in Milwaukee County, this practice will need to be revised.

11/6/2008  Cheri Hipenbecker 

Scenario: You are purchasing a property from a seller under a foreclosure action. The sheriff’s sale is months away and you want to lock up the purchase now. The problem – the seller cannot convey clear title to you because there are too many judgments and liens. What can you do? The answer – try a short-sale.

4/23/2008  Cheri Hipenbecker 

4/14/2008  Cheri Hipenbecker 

2/28/2008  Cheri Hipenbecker 

What controls when the call in a legal description states “…thence 200 feet to the south line of HWY 20…”? Does the 200 feet control OR the south line of HWY 20? What if the distance to the south line of HWY is 250 feet rather than 200 feet? Does the legal description go past the HWY by 50 feet? The answer is NO – the reference to the “south line of HWY 20” controls.

2/18/2008  Cheri Hipenbecker 

My February 1, 2008 blog was on the topic of signing deeds and mortgages during the pendency of a divorce. As discussed, the issue of who must sign turns on whether the property is homestead (the married couple’s home) and whether both spouses are in title. A few people called and asked why we care and whether the same rules apply when the married couple is not in the process of divorce. Here’s my attempt to answer those questions:

2/1/2008  Cheri Hipenbecker 

It’s Friday and this question seems to come up at least once every Friday. The question – when a married couple is in the process of a divorce, but the judge has not yet signed the judgment of divorce, who signs a new deed or mortgage? The answer depends on two questions: (1) Is the property homestead (the married couple’s home)? (2) Are both spouses in title?

1/2/2008  Craig Haskins 

Now, more than ever, it is imperative to use a well-established reputable title company, like Knight-Barry, for your transaction. Just as the sub-prime market has affected the lending and real estate community, the title community is being hit hard too. There is little reason why the Milwaukee market has 80+ title companies operating. There just isn’t enough activity to support so many companies.

12/5/2007  Craig Haskins 

The Wisconsin State Bar has asked the Wisconsin Supreme Court to create rules to protect consumers against unlicensed legal advice. Does this include drafting a mortgage or deed? Or what about filling in a couple blank fields in a mortgage satisfaction? The answer is:

11/30/2007  Cheri Hipenbecker 

Has anyone heard about foreclosures lately? I don’t want to beat a dead horse but wanted to point out a little discussed court case regarding when an owner under a foreclosure action can redeem and sell the property.

11/27/2007  Cheri Hipenbecker 

Equitable Subrogation: This blog is inspired by a recent decision from the Wisconsin Court of Appeals on Equitable Subrogation. See Countrywide Home Loans v. Schmidt, No. 2006AP002908 (http://www.wisbar.org/res/capp/2007/2006ap002908.htm).