The Wisconsin courts system, already pushed to its limits in parts of the state because of heavy caseloads, has another concern - mortgage foreclosures. Thankfully, judges and court staff statewide are acting proactively to do what they can to soften the impact
Foreclosure filings statewide increased by more than 20 percent for the second straight year in 2008, according to Director of State Courts A. John Voelker. In Wisconsin, there were 25,547 mortgage foreclosure filings in 2008, up from 21,051 in 2007.
The increase was even higher in Green County, where the 159 filings in 2008 represented a 31 percent increase over the 121 filings in 2007. There were 53 foreclosure filings in Lafayette County in 2008, up 13 percent from the 47 cases in 2007.
Court administrators have been tracking the number of foreclosures for many months, Supreme Court Chief Justice Shirley S. Abrahamson said, to help courts prepare for the influx of cases. In addition, the courts have provided educational programs on mortgage laws and regulations for judges and court staff. Some judges, Abrahamson said, have developed procedures to help ensure litigants are communicating in an effort to settle their disputes.
While the courts can't do much to effect the number of foreclosure cases that reach the courtrooms, they can work to make sure the cases are handled efficiently and fairly.
Abrahamson and Voelker said court officials are examining programs nationwide that can help parties in a foreclosure resolve difficult issues and facilitate settlements when possible. An example provided was a Wisconsin pilot program in Iowa County Circuit Court which requires lenders who file a foreclosure action as of Jan. 1, 2009, to notify defendants that mediation is an option under the state's alternative dispute resolution statute.
"We're fostering a discussion between the parties, and that discussion can take into consideration the loss of a job, for example," Iowa County Chief Judge William D. Dyke said.
The state Supreme Court points out that borrowers are not represented in many foreclosure proceedings. It is helpful for the courts to advocate borrowers' rights in such instances. And self-represented litigants also put a strain on the courts system.
Any efforts the courts can make to protect all parties involved, and make court proceedings a last resort, are welcome and will ease the burdens on the system and its taxpayers.
Foreclosure filings statewide increased by more than 20 percent for the second straight year in 2008, according to Director of State Courts A. John Voelker. In Wisconsin, there were 25,547 mortgage foreclosure filings in 2008, up from 21,051 in 2007.
The increase was even higher in Green County, where the 159 filings in 2008 represented a 31 percent increase over the 121 filings in 2007. There were 53 foreclosure filings in Lafayette County in 2008, up 13 percent from the 47 cases in 2007.
Court administrators have been tracking the number of foreclosures for many months, Supreme Court Chief Justice Shirley S. Abrahamson said, to help courts prepare for the influx of cases. In addition, the courts have provided educational programs on mortgage laws and regulations for judges and court staff. Some judges, Abrahamson said, have developed procedures to help ensure litigants are communicating in an effort to settle their disputes.
While the courts can't do much to effect the number of foreclosure cases that reach the courtrooms, they can work to make sure the cases are handled efficiently and fairly.
Abrahamson and Voelker said court officials are examining programs nationwide that can help parties in a foreclosure resolve difficult issues and facilitate settlements when possible. An example provided was a Wisconsin pilot program in Iowa County Circuit Court which requires lenders who file a foreclosure action as of Jan. 1, 2009, to notify defendants that mediation is an option under the state's alternative dispute resolution statute.
"We're fostering a discussion between the parties, and that discussion can take into consideration the loss of a job, for example," Iowa County Chief Judge William D. Dyke said.
The state Supreme Court points out that borrowers are not represented in many foreclosure proceedings. It is helpful for the courts to advocate borrowers' rights in such instances. And self-represented litigants also put a strain on the courts system.
Any efforts the courts can make to protect all parties involved, and make court proceedings a last resort, are welcome and will ease the burdens on the system and its taxpayers.
