75.19 Foreclosure of certificate. A county holding a tax certificate, instead of taking a tax deed, may foreclose the certificate by action as in a case of a mortgage on real estate at any time after 2 years from the date of the certificate, except that when costs incurred by any city or village for razing, removing and restoration of the site to a dust-free and erosion-free condition are included in the amount due for taxes, the period of redemption shall be one year from the date of the certificate. The county may, in any case involving the right of redemption or interest of any minor or person adjudged mentally incompetent, after a tax deed has been issued under this chapter, foreclose the right of redemption or interest of the minor or person adjudged mentally incompetent. In such an action the minor or person adjudged mentally incompetent must appear by guardian ad litem, and the general guardian, if the person has one, shall be joined as a party defendant. All the laws and rules of practice relating to the foreclosure of mortgages, as to the persons necessary and proper to be made parties, pleading, evidence, the judgment of foreclosure and sale, the right of the county to be subrogated to the benefits of all liens upon the premises necessarily satisfied by the county in order to save the lien of the certificate, the right of the defendants or any of them to redeem the premises at any time before sale and costs and disbursements, including the necessary expenses for an abstract of title, shall, so far as they are applicable, prevail in such actions. When costs are allowed to the county, the costs, exclusive of disbursements, shall be discretionary with the court but shall not exceed the amount of the certificates at issue in the action, and the costs when allowed shall be an additional lien upon the property described in the certificates. The defendant may, in all cases within the time limited by law for answering the complaint, execute and deliver to the county a quitclaim deed of the lands described in the complaint, conveying all the right, title and interest of the defendant at the time of the commencement of the suit or may, within such time, either after having delivered the deed or without delivery, answer disclaiming any title to the lands in question at the time of the commencement of the suit, in either of which cases the county shall not recover costs against any defendant who quitclaims or who shall establish the disclaimer at the trial. The sale in such actions shall be conducted, certificates made and filed, the report made and confirmed and a deed executed and delivered in the same manner and with the same effect as in actions for foreclosure of mortgages.
History: 1977 c. 83, 174, 203, 272; 1981 c. 322; 1987 a. 378; 1989 a. 347.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 75 - Land sold for taxes.
75.03 - Redeeming lands of minors or individuals adjudicated incompetent.
75.04 - Redemption receipt and entries.
75.05 - Disposition of redemption money.
75.06 - Applicability of chapter to 1st class cities.
75.07 - Redemption notices; publication.
75.106 - Assignment of property contaminated by hazardous substances.
75.11 - Compensation of printer.
75.115 - Rights of persons who have an interest in mineral rights.
75.12 - Deed, notice of application for.
75.14 - Deeds, execution of; rights under; evidence.
75.143 - Defer taking of tax deed.
75.144 - Rights of persons claiming adverse possession.
75.145 - Correction of description by action.
75.16 - Deed, by whom executed; form.
75.17 - Transfer of contaminated land to a municipality.
75.19 - Foreclosure of certificate.
75.195 - Extended time for beginning tax foreclosure.
75.20 - Limitations on certificates and issue of deeds; life of tax certificate liens.
75.22 - Validity; immaterial errors.
75.23 - Canceled deeds, certificates of county clerk.
75.24 - Limitation, claims under illegal deed or certificate.
75.25 - Lien of reassessed tax.
75.27 - Limitation on former owner.
75.28 - Application of all limitations.
75.285 - Action; condition precedent.
75.29 - Actions of ejectment, when barred.
75.30 - Action by original owner if deed is void, when barred.
75.31 - “ Possession" defined.
75.32 - Taxation and sale of lands held by counties.
75.35 - Sale of tax-deeded lands; purchase of adjacent lands.
75.36 - County acquisition and sale of property.
75.365 - Agreements as to delinquent taxes.
75.37 - Waste on land subject to a tax certificate.
75.375 - Waste on lands subject to a tax certificate; penalty.
75.377 - Inspection of property subject to tax certificate.
75.39 - Action to bar former owner.
75.40 - Action, where and how brought.
75.43 - Election to receive deposit; costs.
75.46 - Trial; defendant's interest.
75.49 - Judgment for defendant.
75.521 - Foreclosure of tax liens by action in rem.
75.54 - Reassessment of taxes by order of court.
75.55 - Application of section 75.54.
75.61 - Actions related to tax certificates.
75.62 - Procedure in actions related to tax certificates.
75.63 - Ejectment as to public lands; conditions.
75.64 - No jurisdiction; issue of deed postponed; deposit.
75.67 - Procedure in populous counties containing authorized city.