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Understanding The Foreclosure Process In Wisconsin For Homeowners And Tenants

Published on April 10, 2023

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Understanding The Foreclosure Process In Wisconsin For Homeowners And Tenants

Overview Of Wisconsin Foreclosure Laws

Wisconsin foreclosure laws provide homeowners and tenants with specific rights and protections throughout the entire process. In order to understand the legalities of foreclosure in Wisconsin, it is important to have a basic understanding of the timeline, requirements, and key terms related to foreclosure.

A homeowner or tenant facing foreclosure must be aware of the various steps involved—from pre-foreclosure notices to redemption periods—and their corresponding rights throughout the process. Wisconsin law requires that a lender provide pre-foreclosure notice in writing at least 90 days prior to initiating foreclosure proceedings in court.

This notice must include information such as the name of the lender, an explanation of why they are taking action, and any available options for avoiding foreclosure. Additionally, lenders are required to file a civil complaint with the court in order for foreclosure proceedings to begin.

The court then requires that notice of this filing be provided to all affected parties before further action can take place. Once a judgment is entered by the court, there is still an opportunity for redemption, which allows either party to pay off their debt within a certain timeframe before the property is taken away from them.

Knowing these key details about Wisconsin's foreclosure laws can help individuals better prepare and protect themselves during this difficult time.

What Is A Mortgage Loan In Wisconsin?

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A mortgage loan in Wisconsin is a type of loan that allows individuals to finance the purchase of real estate. It is secured by the property itself, meaning that it must be paid off if the borrower fails to make payments, resulting in foreclosure.

The lender will hold legal title to the property until the loan is paid in full. Homeowners and tenants in Wisconsin should understand how the process works so they can make informed decisions about their finances, as well as protect their rights if foreclosure becomes imminent.

Mortgages are typically long-term loans, with repayment periods ranging from five to thirty years, and require a down payment from the buyer. Interest rates on these loans vary and can be fixed or adjustable depending on the type of loan and terms chosen.

Homeowners must ensure that they keep up with payments throughout the life of the loan; otherwise, they risk defaulting on their mortgage and having their home foreclosed upon by the lender. Tenants should also be aware of their rights when it comes to foreclosure; they may have options such as relocation assistance or early lease termination if their landlord defaults on his or her mortgage.

Understanding all aspects of mortgage loans in Wisconsin can help homeowners and tenants make informed decisions about their housing situation.

Understanding Preforeclosure And The Breach Letter

Preforeclosure is a process that can be difficult to understand, but it’s important to know the steps involved. The first step of preforeclosure in Wisconsin is a formal notice of default, known as a “breach letter.

” This letter is sent from a lender or mortgage servicer to the homeowner or tenant, informing them that they are in breach of their mortgage agreement and are at risk of foreclosure. After receiving the breach letter, homeowners and tenants have up to 60 days to make full payment on the debt (including fees) before legal action can be taken.

During this period, it’s important for homeowners and tenants to contact their lender or mortgage servicer directly if they need help coming up with a plan. There might be other options like refinancing or loan modifications available that could help them avoid foreclosure.

Understanding preforeclosure helps homeowners and tenants take the right steps to protect themselves from losing their homes during this difficult time.

Exploring The Foreclosure Process In Wisconsin

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The foreclosure process in Wisconsin can be complicated and daunting for both homeowners and tenants. It is important to understand the laws, procedures and resources available as you navigate through this difficult time.

Wisconsin is a judicial foreclosure state, meaning that lenders must obtain a court order in order to foreclose on a property. The lender will file a lawsuit against the homeowner or tenant which then starts the foreclosure process.

Upon filing, the homeowner or tenant will then receive a summons from the court notifying them of the action. After the summons has been served, there is usually no more than six months before a foreclosure sale occurs.

It is important for homeowners or tenants to understand their rights during this process and what they are responsible for such as mortgages, unpaid bills and any other outstanding debts associated with their home or rental. Additionally, it is important to stay informed on resources available such as loan modification programs, counseling services and legal assistance that can help protect borrowers throughout this difficult financial situation.

Options To Avoid Or Stop A Foreclosure In Wisconsin

When faced with the prospect of foreclosure, Wisconsin homeowners and tenants have a few options available to them that may help avoid or stop the process. One such option is to negotiate with the lender, who may be willing to extend the loan, accept a partial payment or modify the terms of repayment.

Refinancing is another potential solution, as it can reduce monthly payments by stretching out the loan term or by changing to a lower interest rate. Additionally, selling property could help cover outstanding payments and prevent foreclosure in some cases.

Lastly, Wisconsin also offers government-sponsored programs designed specifically to assist homeowners facing economic hardship; these programs can provide additional time and resources to get back on track and keep homes from entering foreclosure.

The Redemption Period Under Wisconsin Law

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The redemption period in Wisconsin is the period of time after a foreclosure sale during which the borrower can reclaim the property. According to Wisconsin law, the homeowner or tenant has 12 months from the date of the foreclosure sale to redeem their property by paying off all outstanding debts related to the mortgage and any fees incurred during the foreclosure process.

The redemption period typically requires that the homeowner or tenant pay all costs associated with repurchasing their home, including court costs, legal fees, interest on unpaid balances and other costs associated with processing the redemption. During this time, they cannot live in or make changes to their home without permission from the court.

Homeowners and tenants should familiarize themselves with Wisconsin law regarding foreclosures so they can understand their rights and obligations during this important time.

Deficiency Judgments After A Foreclosure Sale In Wisconsin

In Wisconsin, a deficiency judgment is issued when a property is foreclosed and the sale of the property does not cover the amount still owed to the lender. This means that if a mortgagee owes more than what was obtained in the foreclosure sale, they may be liable for the difference.

Homeowners should be aware that lenders can pursue them for up to six years after a foreclosure sale in order to try and collect this debt. Even though Wisconsin is considered a non-recourse state, meaning that lenders cannot seek personal guarantees on loans, there are some exceptions.

For example, if improvements were made to the property or if there were multiple mortgages on it, then deficiency judgments may still be sought after. Tenants who have been renting a property that goes into foreclosure are also at risk of being pursued for any unpaid rent or damages caused to the property during their time there.

Therefore, it is important for both homeowners and tenants alike to understand their rights and responsibilities throughout the foreclosure process in Wisconsin in order to protect themselves from financial liability down the line.

Reinstating The Mortgage Prior To The Foreclosure Sale In Wisconsin

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Reinstating the mortgage prior to the foreclosure sale in Wisconsin is possible, but it requires that homeowners and tenants take certain steps in order to do so. Before initiating any action, it is important to understand all stages of the foreclosure process.

In Wisconsin, mortgages can be reinstated if payment of the default amount plus fees and costs associated with the foreclosure are paid prior to the sale date. If a homeowner or tenant wishes to reinstate their loan they must contact their lender as soon as possible, as there is a timeline for when this option expires.

The lender will provide information regarding how much money is needed for reinstatement and how long a homeowner or tenant has before their property goes up for sale. After receiving this information, homeowners or tenants should make arrangements immediately to pay off their loan and save their home from being foreclosed on.

It is important to note that lenders may not accept all forms of payment; typically cashier's checks or money orders are required for reinstatement payments in Wisconsin. Homeowners and tenants should also be aware that if they choose to reinstate their loan, late fees and other charges may still apply even after the reinstatement payment has been made.

When Do I Have To Leave After A Foreclosure Sale In Wisconsin?

When a foreclosure sale is completed in Wisconsin, the homeowner or tenant should be aware of the time frame for vacating the property. Depending on the type of foreclosure (judicial or non-judicial), homeowners and tenants may have different timelines for when they must leave their home.

Generally speaking, after a judicial foreclosure sale, the former homeowner has up to six months to vacate while tenants usually have 28 days to move out. In a non-judicial foreclosure, homeowners and tenants typically have 90 days before they need to leave.

It is important to note that if the home is sold at a Sheriff's Sale, both parties may be required to vacate immediately as this is considered a “strict foreclosure”. If either party fails to comply with these guidelines, additional legal action may be taken against them by the new owner of the house.

Therefore, it is important for homeowners and tenants facing foreclosure in Wisconsin to understand their timeline for leaving so that they can plan accordingly and avoid any potential issues with their former lender or landlord.

Understanding State And Federal Laws Related To Foreclosures In Wisconsin

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Wisconsin homeowners and tenants must understand state and federal laws related to foreclosures in order to protect their rights. The foreclosure process in Wisconsin is initiated when a landlord or lender files an action with the court.

The court then issues a summons, which is served on the homeowner or tenant by a sheriff or constable. This summons notifies the homeowner that they are being sued for nonpayment of rent or mortgage and must appear in court at a certain date and time.

After the hearing, the court may enter an order of foreclosure, which gives the landlord or lender the right to seize possession of the property. State law provides certain rights to homeowners and tenants during this process, such as a right to redeem the property within a certain period of time after foreclosure.

Additionally, federal law prohibits lenders from discriminating against people based on race, color, national origin, religion, sex, familial status, or disability when initiating foreclosure proceedings against them. Understanding these laws can help Wisconsin homeowners and tenants protect their rights during a foreclosure action.

Homeowner’s Rights During A Wisconsin Foreclosure

When a homeowner in Wisconsin is facing foreclosure, it can be a stressful and confusing time. Understanding the foreclosure process and knowing your rights as a homeowner or tenant can help make the process smoother.

In Wisconsin, all foreclosures must go through the court system, where homeowners are allowed to contest their foreclosure. Once a homeowner has been served notice of foreclosure, they have 20 days to respond to the court with any defenses or objections they may have.

Homeowners also have legal rights when it comes to post-foreclosure situations such as eviction proceedings, so it is important that they understand the laws surrounding these issues. Tenants’ rights are also protected during foreclosure proceedings, so tenants should make sure they understand what their responsibilities are according to state law.

Knowing your rights as either a homeowner or tenant during a Wisconsin foreclosure can help ensure that you get the best outcome possible for your situation.

Seeking Help With A Wisconsin Foreclosure Situation

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If you or someone you know is facing a foreclosure situation in Wisconsin, there are resources available to help. The first step is to understand the foreclosure process, including knowing your rights and taking action as soon as possible.

It's important to note that the state of Wisconsin has both judicial and non-judicial foreclosures, so it's important to be familiar with the rules and regulations specific to each type. For example, some lenders may require homeowners to attend pre-foreclosure counseling prior to filing for foreclosure, while others may have different requirements.

Tenants should also be aware of their rights during a foreclosure situation since they can often be evicted regardless of whether they are current on rent payments or not. Additionally, homeowners and tenants should both be aware of their rights when it comes to redemption periods after a foreclosure sale has been completed.

Lastly, it’s essential for those facing a foreclosure situation in Wisconsin to seek help from an experienced attorney who can provide guidance throughout the entire process.

Alternatives To Letting Your House Go Into Foreclosure In Wisconsin

In Wisconsin, it's important to understand the foreclosure process and the alternatives available if you're at risk of having your home foreclosed on. Homeowners and tenants alike have options that can help them remain in their homes or avoid foreclosure altogether.

One such alternative is loan modification, where a lender agrees to change certain terms of the loan agreement, such as reducing interest rates or extending payment deadlines. This can make it easier for homeowners to pay off their mortgages.

Another option is forbearance, which allows borrowers to suspend payments temporarily while they work out an alternate payment plan with their lender. Additionally, cash-for-keys agreements are becoming increasingly popular in Wisconsin; these arrangements involve a homeowner agreeing to give up possession of the property in exchange for a cash payout from the lender.

Finally, deed in lieu of foreclosure is another way for homeowners to avoid full foreclosure; this involves transferring ownership of the property back to the lender without having to go through the traditional foreclosure process. While each option has its pros and cons, understanding all your choices may help you make an informed decision about what is best for you and your family when it comes to avoiding foreclosure in Wisconsin.

Financial Assistance Programs Available For Homeowners Facing Foreclosures In Wisconsin

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Wisconsin homeowners and tenants facing foreclosure have access to several state-run financial assistance programs. The Wisconsin Homeownership Preservation Program helps eligible individuals facing foreclosure by providing mortgage payment assistance and other support services.

The Emergency Foreclosure Prevention Program provides funding for legal fees, mediation costs, and other expenses associated with foreclosure processes. Additionally, the Wisconsin Department of Financial Institutions offers loan repayment options for those struggling to make their mortgage payments.

Homeowners can apply for a loan modification or refinancing to reduce their monthly payments, or apply for a repayment plan through the Department’s Mortgage Foreclosure Prevention Unit. Furthermore, the Wisconsin Homeowner Assistance Program provides direct grants up to $35,000 to qualified applicants who need help paying off delinquent mortgages.

Qualified homeowners may also be eligible for a loan from the Badger Home Loan program administered by WHEDA (Wisconsin Housing & Economic Development Authority). This program offers low-interest loans of up to $50,000 with no down payment required and flexible repayment terms.

Lastly, Wisconsin residents can take advantage of resources like free housing counseling and legal advice that can be found at local community organizations throughout the state.

Dealing With Harassing Phone Calls From Creditors During A Foreclosure Process In Wi

When dealing with a foreclosure process in Wisconsin, homeowners and tenants may also come across harassing phone calls from creditors. Knowing your rights when it comes to these calls is important, as creditors may not be allowed to contact you in certain ways.

According to the Fair Debt Collection Practices Act, creditors are prohibited from calling you at inconvenient times or places and from using abusive language. They are also required to notify you of their identity and disclose the debt owed when they call.

You have the right to dispute debts or request that a creditor cease communication with you, but it is important to know that doing so will not remove the debt obligation. It is recommended that homeowners and tenants in foreclosure document all conversations with creditors and keep records of any correspondence sent or received.

Understanding your rights during a foreclosure process can help reduce stress associated with harassing phone calls from creditors.

What Happens If You File For Bankruptcy During A Wi Foreclosure?

Foreclosure

Filing for bankruptcy during the Wisconsin foreclosure process can be a complicated matter that impacts both homeowners and tenants. Homeowners must be aware that filing for bankruptcy will not stop the foreclosure process, and they may still face eviction even if they file.

Tenants also need to understand that filing for bankruptcy does not protect them from an eviction, as their landlord has a right to pursue the foreclosure process, but it may provide some temporary relief. It is important to remember that a lender can ask the court to lift the automatic stay, allowing them to proceed with the foreclosure after notification of a bankruptcy filing.

The court may also deny the automatic stay request if they believe the homeowner is making an effort towards repaying or restructuring their loan. Additionally, it is essential for homeowners or tenants in foreclosure proceedings to consult with an attorney prior to deciding on whether or not filing for bankruptcy is in their best interest.

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Navigating through the foreclosure process in Wisconsin can be daunting for homeowners and tenants, but it is important to remember that there are several strategies available to try and negotiate with lenders. One option is to use mediation to help come to an agreement between lenders and homeowners or tenants.

Mediation should always be handled by a neutral third-party who is not affiliated with either side of the negotiation. It may also be beneficial for homeowners and tenants to research their rights as well as state laws so they are aware of all the options available.

Additionally, it is important to make sure that any assistance provided by companies offering foreclosure aid are legitimate and trustworthy. Lastly, those going through the foreclosure process should understand the potential impacts a short sale could have on their credit score.

Knowing this in advance can help individuals make informed decisions about their financial future during a WI foreclosure.

How Long Does It Take To Foreclose On A House In Wisconsin?

Foreclosure is a lengthy process that can take months or even years to complete in Wisconsin. The amount of time it takes for a house to be foreclosed on depends on many factors, including the type of loan and the process followed by the lender.

Generally, lenders are required to wait at least 90 days from when they send out an official notice before they can begin foreclosure proceedings. After this period has passed, the lender can file a lawsuit with the court, which typically takes about 30 days.

Following this step, the homeowner will receive an order from the court requiring them to pay off their debt within a certain timeframe or face eviction. If the homeowner fails to make payments during this period, then the property could be sold at auction anywhere from 1-3 months after receiving the order.

Homeowners and tenants should understand that while foreclosure is a lengthy process, they may still be able to negotiate with their lender in order to prevent foreclosure and keep their home.

Why Do People Let Their House Go Into Foreclosure?

Wisconsin

People may let their house go into foreclosure for a variety of reasons. In Wisconsin, the foreclosure process can be difficult to understand, and often homeowners and tenants overlook important steps that can help them keep their home or find another living situation in the event of foreclosure.

Financial hardship is the primary reason why people enter into foreclosure, as they are unable to make payments on their mortgage due to job loss, medical bills, or other unforeseen circumstances. Additionally, some family members may choose to let their house go into foreclosure if they no longer need it; this could be a result of relocation for work or simply an inability to afford upkeep on the property.

Finally, some people may intentionally fall into foreclosure because they feel there is no other option available; this could be due to poor credit or a lack of knowledge about other potential solutions like loan modification or refinancing.

How Do Foreclosures Work In Wisconsin?

In Wisconsin, the foreclosure process begins when a homeowner or tenant fails to make their mortgage payments. When this happens, the lender is allowed to start the foreclosure process which involves sending out a notice of default to the homeowners or tenants.

This notice informs them that they are in default and must either pay the amount due or enter into some type of settlement agreement with the lender. If no agreement is reached, then the lender can proceed with filing a foreclosure action in court.

The court will then schedule a hearing where both parties may present their case and any defenses they may have against the foreclosure. Finally, if no agreement is reached at the hearing, then a sheriff’s sale will take place where potential buyers can bid on the property.

The highest bidder at this auction will be awarded ownership of the home and all unpaid debt associated with it. It is important for homeowners and tenants to understand all aspects of the foreclosure process in Wisconsin so that they can make informed decisions about their financial future.

How Long Does A Foreclosure Stay On Your Record In Wisconsin?

In Wisconsin, the length of time a foreclosure remains on an individual's credit report or record depends on the type of foreclosure. A judicial foreclosure may stay on your record for up to seven years, while a nonjudicial foreclosure can remain for up to 10 years.

It is important to note that even though a foreclosure may remain on a credit report for several years, it does not necessarily mean that all future loan applications will be denied. Depending upon other factors such as current income and debt-to-income ratio, some individuals may still be approved for new loans after a period of time has elapsed since their foreclosure.

Additionally, some lenders may offer special programs to those who have experienced financial difficulty in the past that could potentially make it easier to obtain financing in the future despite having gone through a foreclosure process.

Q: Should I let my house go into foreclosure in Wisconsin?

A: It is not recommended to let your property go into foreclosure in Wisconsin as it could be auctioned off and you could lose the equity you have built up in the property. You should always have an open line of communication with your lender to explore other options, such as loan forbearance, loan modification, or a short sale.

Q: What happens when a homeowner in Wisconsin enters a judgment of foreclosure on their real estate?

A: When a judgment of foreclosure is entered, the county sheriff's office will begin the process of selling the property at public auction. The proceeds from the sale are used to pay off any outstanding mortgages or liens against the property. If any money remains after these payments have been made, it is given to the homeowner. However, if there are not enough funds to cover all expenses, then the homeowner may still be responsible for paying them.

Q: How does the Foreclosure Process work for Wisconsin Homeowners and Tenants?

Property

A: The Wisconsin Foreclosure Process begins when a lender files a court action called a foreclosure lawsuit. If a homeowner or tenant is unable to make their mortgage payments, the lender may file this lawsuit in an effort to get back the money owed. The court will then set a hearing date and notify the homeowner or tenant of this date. At the hearing, the homeowner or tenant can either agree to pay off the balance of their loan or contest the foreclosure. If they cannot reach an agreement with their lender, then the court will order a sale of the property at public auction. The proceeds from this sale will be used to pay off the outstanding balance on the loan.

Q: What are the Wisconsin foreclosure laws and what options do homeowners have when facing foreclosure?

A: Wisconsin has enacted specific laws related to the foreclosure process. Generally, the foreclosure process begins with a notice of default being sent to the homeowner. This allows the homeowner time to cure any delinquency before beginning formal foreclosure proceedings. The rights of homeowners and tenants during foreclosure are protected under state law, including certain rights of redemption and notice requirements. Homeowners facing foreclosure may also pursue options such as loan modifications, settling debt with creditors, or seeking assistance from government agencies or nonprofit organizations for financial counseling and other services.

Q: What are the legal rights and responsibilities of Wisconsin homeowners and tenants when it comes to the foreclosure process?

A: Homeowners in Wisconsin have certain legal rights when facing foreclosure. They include the right to receive notice of a foreclosure, the right to know their options, and the right to be informed about what will happen if they do not make payments on their mortgage. Tenants also have rights under Wisconsin law, including the right to remain in their rental property until the end of their lease period, even if a foreclosure sale has taken place. It is important for both homeowners and tenants to understand their legal rights and responsibilities during a foreclosure process in order to protect themselves from any potential harm or unfair treatment.

Q: What are the legal consequences of allowing my house to go into foreclosure in Wisconsin?

Payment

A: Allowing your house to go into foreclosure in Wisconsin would mean losing ownership of the property and potentially incurring a deficiency judgment for any remaining balance owed on the mortgage. Additionally, eviction proceedings may be initiated by the lender or new owner depending on the situation.

Q: What are the steps in the Wisconsin foreclosure process and what is a Summary Judgment?

A: The Wisconsin foreclosure process begins when the homeowner fails to make their mortgage payments. The lender then files a complaint with the court, which triggers a summons. This summons notifies the homeowner that they must appear in court to respond to the lender's claim. If no response is given, the court can order a Summary Judgment, which allows the lender to repossess the property without going through a trial. Homeowners may also pursue other options such as short selling or negotiating with their lender prior to entering into foreclosure proceedings.

Q: What are the legal options for refinancing or avoiding foreclosure in Wisconsin?

A: Homeowners in Wisconsin may be able to avoid foreclosure by negotiating a loan modification, forbearance agreement, short sale, deed-in-lieu of foreclosure, or promissory note. In addition, they can exercise their right to file a motion with the court contesting the validity of the mortgage debt or the foreclosure process itself.

Q: What are the legal options available to Wisconsin homeowners when facing foreclosure?

Lawyer

A: Homeowners in Wisconsin can file for Chapter 7 or Chapter 13 bankruptcy to prevent foreclosure. Chapter 7 bankruptcy discharges most of a person's debts, allowing them to keep property that is exempt from creditors. Chapter 13 bankruptcy allows a homeowner to restructure their debt and create a repayment plan, which can potentially save their home from foreclosure.

Q: What technology can I use to find the foreclosure laws and options for my Wisconsin ZIP CODE?

A: You can use a variety of online legal resources to search by your ZIP CODE in order to understand the foreclosure laws and options that are available. For example, many websites offer access to state-specific legal databases where you can access statutes, case law, court rules and other helpful information related to foreclosure in Wisconsin. Additionally, many online legal services provide free access to trial court dockets which allow you to search for any public records related to foreclosures in your area. Be sure to check the website's privacy policy before providing any personal information.

Q: What are the legal rights and responsibilities of Wisconsin homeowners when it comes to foreclosure and how can they learn more?

A: Wisconsin homeowners facing foreclosure have certain rights and obligations including the right to receive notice of the foreclosure, the right to participate in a court hearing, and the obligation to keep up with payments. Homeowners can find out more about their legal rights by reading newspaper articles, searching online for legal resources related to foreclosure, or messaging a real estate marketing specialist for advice.

Q: What are the legal steps involved in letting my house go into foreclosure in Wisconsin?

A: In Wisconsin, the foreclosure process begins when a lender files a summons and complaint with the court. The homeowner then has 20 days to respond to the summons and complaint, otherwise a default judgment may be entered against them. If no answer is filed, the court can issue a Summary Judgment and order foreclosure proceedings to begin.

Q: What are the legal steps involved in letting my house go into foreclosure in Wisconsin and is there a mediation to the complaint?

A: In Wisconsin, when a homeowner defaults on their loan, their lender can initiate the foreclosure process. The first step is for the lender to file a Complaint in Court. After this, homeowners have 20 days to file an Answer or Motion with the court. If homeowners are unable to reach an agreement with their lender, they may choose to pursue mediation. Mediation is a voluntary process that allows homeowners and lenders to work together in an attempt to find a solution that works for both sides. Homeowners should contact their local court system for more information about the availability of mediation services.

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