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File #: 100915    Version:
Type: Ordinance Status: Placed On File
File created: 11/11/2010 In control: COMMON COUNCIL
On agenda: Final action: 5/13/2014
Effective date:    
Title: A substitute ordinance relating to the conveyance of in rem properties.
Sponsors: ALD. BAUMAN
Indexes: IN REM JUDGMENTS
Attachments: 1. Letter from the City Attorney, 2. Hearing Noitce List, 3. MCO 304-50 Vacation of In Rem Judgement.pdf, 4. Department of City Development Letter.pdf, 5. Letter from DCD dated Nov 10 2010
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
5/13/20141 COMMON COUNCIL PLACED ON FILEPass15:0 Action details Meeting details Not available
5/5/20141 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR PLACING ON FILEPass4:0 Action details Meeting details Not available
4/29/20141 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
4/29/20141 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/31/20111 JUDICIARY & LEGISLATION COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: Individuals present: Ald. Bauman, being a member of the Froeclousure Task Force, passed out a letter dated 11-1-2010 addressed to all members of Common Council from Dept of Neighborhood Service regarding all properties that are undergoing foreclousure. Vincent Moschella, City Atty. Megan Crump, Asst. City Atty. Jim Klajbor, Treasurer's office Motion by Ald. Witkowski place on file. Prevailed (Davis, Bohl and Hamilton voted No) 2-3 motion failed Motion by Ald. Bohl to hold this item to the call of the chair. Prevailed 5-0
Pass5:0 Action details Meeting details Not available
1/26/20111 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/24/20111 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/21/20111 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/11/20100 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
 Number
100915
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to the conveyance of in rem properties.
Sections
304-50-0      am
304-50-14      rc
Analysis
The city grants a 90-day period after obtaining an in rem judgment against a tax-delinquent property during which the previous owner can pay all taxes due and any associated cost and retake possession of the property.  This is currently done by the city attorney through the petitioning of the court to vacate the city's judgment.  As a result, all liens previously attached to the property are reattached.  This ordinance changes the process by which the city returns the property to a conveyance issued by the department of city development for the amount of taxes due and any associated costs.  This change results in the previous owner retaking possession of the property without any previously attached liens.
...Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1.  Section 304-50-0 of the code is amended to read:
 
304-50. [[Vacation of In Rem Judgment]] >>Conveyance of In Rem Property<<.  Where the city has obtained an in rem judgment pursuant to s. 75.521, Wis. Stats., the [[city attorney's office shall be directed to petition the court on an ex parte basis to reopen and vacate the city's judgment]] >>commissioner of the department of city development shall convey a property to its previous owner, notwithstanding s. 304-49-8-e,<<only where the following
requirements have been complied with:
 
Part 2.  Section 304-50-14 of the code is repealed and recreated to read:
14.  If each of the requirements of subs. 1 to 13 has been satisfied, the commissioner of the department of city development is authorized to sign
deeds and instruments of conveyance and related documents on behalf of the city with respect to conveyances authorized hereunder.  All deeds for conveyances authorized hereunder shall be recorded by the department of city
development with the Milwaukee county register of deeds office within 7 business days of closing, and the grantee shall pay the cost of recording.  Alternatively, a title insurance company, a lender or the grantor's or grantee's attorney may record the deed so long as the party agrees to meet the time period for recording required hereunder.
LRB
APPROVED AS TO FORM
 
____________________________
Legislative Reference Bureau
Date:  ______________________
 
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
 
____________________________
Office of the City Attorney
Date:  ______________________
 
Requestor
Drafter
LRB 124322-2
RTW
12/20/2010