City of Milwaukee - File #: 221877

• File #: 221877
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 4/18/2023
• In control: COMMON COUNCIL
• Final action: 5/9/2023
• Effective date: 5/27/2023
• Title: An ordinance relating to petitions to the circuit court by the city attorney’s office to reopen and vacate in rem tax foreclosure judgments.
• Sponsors: ALD. BORKOWSKI, ALD. CHAMBERS JR.
• Indexes: IN REM JUDGMENTS

Date	Ver.	Action By	Action	Result	Tally
5/26/2023	0	CITY CLERK	PUBLISHED
5/16/2023	0	MAYOR	SIGNED
5/9/2023	0	COMMON COUNCIL	PASSED	Pass	15:0
5/1/2023	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearing: Jim Klajbor - Treasure Amy Turim - DCD Real Estate Hannah Jahn - City Attorney's Office Ald. Chambers asked to be added to co-sponsor.	Pass	5:0
4/18/2023	0	COMMON COUNCIL	ASSIGNED TO

Number
221877
Version
ORIGINAL
Reference

Sponsor
ALD. BORKOWSKI, CHAMBERS, JR
Title
An ordinance relating to petitions to the circuit court by the city attorney’s office to reopen and vacate in rem tax foreclosure judgments.
Sections
304-50 rc
Analysis
This ordinance changes and clarifies the procedure for vacating an in rem tax foreclosure judgment obtained by the city against a property owner. Under current code provisions, a property owner may request a vacated judgment on a foreclosed property while still owing the city money on other properties. This ordinance requires that all of the money owed for any of the owner’s properties be paid before the city attorney’s office petitions the court for a vacation.

Furthermore, the ordinance:

1. Clarifies the process for obtaining a vacation by defining who qualifies as an applicant.
2. Lists what is required for the initial written request for a vacation.
3. Specifies the review performed by the city treasurer and the report on any outstanding costs that is prepared by the city attorney’s office, city treasurer’s office, department of city development, department of neighborhood services, health department and Milwaukee water works. This report forms the basis of the common council file for the vacation.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 304-50 of the code is repealed and recreated to read:

304-50. Vacation of In Rem Judgment. 1. DEFINITIONS. In this section:
a. “Beneficiary” means any person nominated in a will, trust, living will, durable power of attorney, or the like to receive an interest in property other than in a fiduciary capacity as defined in s. 851.03, Wis. Stats.
b. “Former owner” means a person or entity named as the grantee on the most recent deed recorded with the Milwaukee county register of deeds prior to the judgment of foreclosure.
c. “Heir” means any person, including the surviving spouse, adopted child, and s...