Wisconsin Eagle's Nest: Q1 2024

EAGLE’S NEST A WI SC O NSI N AGE N CY N E W S L E T T E R

Q1 2024

Table of Contents Wisconsin Contact List

3

Lis Pendens

4

Check Out That Dam

5

Product Highlights

6

Reminder for Divorcing Parties

7

Upcoming Webinars

7

Q1 2023 | PAGE 3

Wisconsin Contact List Put your trust in the professionals that put you first. Meet the key players who are committed to providing the necessary resources and underwriting guidance you need, and the service solutions that give you an edge.

Product, Service, and Administrative Support

Don Kennedy

Ben Smaglick

Division Managing Director

Agency Representative

C: 714.788.4908 dokennedy@firstam.com

D: 608.345.3902 bsmaglick@firstam.com

Underwriting Support

Marv Ripp

Steve Zablocki

Allison Kalweit

Julie Angelakos

VP, State Counsel

Senior Underwriting Counsel

Underwriting Counsel

Regional Underwriting Director

D: 608.286.3202 mripp@firstam.com

D: 608.286.3224 szablocki@firstam.com

C: 608.346.5135 akalweit@firstam.com

C: 630.799.7123 jangelakos@firstam.com

PAGE 4 | EAGLE’S NEST

Lis Pendens Steve Zablocki, Senior Underwriting Counsel

The recording of a lis pendens in a foreclosure

if they are a defendant to the action.

action does two things. First, by law, a lis

This applies to all judgments and lien and

pendens must be of record for at least 20 days

applies equally to the state and federal

before the entry of a judgment of foreclosure.1

government liens.

Next, the lis pendens is recorded to close

From time to time, the question comes up

the door on additional defendants. It would

whether there’s an issue if a creditor doesn’t

be impossible for a creditor to ever clear

appear on the caption on the lis pendens.

title if there wasn’t a means to prevent future

The lis pendens statute does not require any

creditors’ claims from attaching. The statute

mention of any parties. Rather, so long as

provides that from the time the lis pendens

the parties appear on CCAPs and have not

is recorded, any purchaser or encumbrancer

been dismissed, then there are no issues. A lis

whose conveyance comes after the lis

pendens does not require a listing of creditor’s

pendens, is bound by the proceedings . . .

names to foreclose same. If you have any

to the same extent and in the same manner

lis pendens, foreclosure or other related

as if the purchaser or encumbrancer were a

questions, please contact your First American

party thereto.

Underwriter.

2

Accordingly, once the lis pendens is recorded, any subsequent creditor’s interest is treated as

_____ 1

Wis. Stat. §846.01(2)

2

Wis. Stat. §840.10(1)(a)

Q1 2023 | PAGE 5

Check Out That Dam Steve Zablocki, Senior Underwriting Counsel There are a lot of dams in Wisconsin. What’s a dam? A dam is defined as “any artificial barrier in or across a watercourse which has the primary purpose of impounding or diverting water and includes all appurtenant works, such as a dike, canal or powerhouse.”1 Said another way, it is a barrier that impounds water and generally serves the primary purpose of retaining water.2 There are approximately 3,900 dams in Wisconsin and another 900 dams have been built and washed out or removed.3 The Wisconsin Department of Natural Resources require permits or approvals for various items associated with dams. Permit or approvals are required for the building of a new dam, repairing or reconstructing an existing dam, raising and enlarging an existing dam, transferring ownership of a dam, removing a dam; and/or altering the water level being held by a dam.4

Failure to follow the appropriate steps will result in the transfer being void.6 How do you avoid any issue? Check your subject property on a GIS or other overhead satellite map. Is there water within the parcel or close by? Is there something that suggests water is being retained? If so, there may be a dam on the parcel. If you aren’t sure, reach out to your First American Underwriter. We can check other sources and put a second set of eyes on the issue. If you do find a dam, a requirement should be raised for the approval of the Wisconsin DNR.

The key issue is transferring ownership of a dam. No person may assume ownership of a dam . . . or the ownership of that specific piece of land on which a dam is physically located . . . without filing an application and obtaining approval from the DNR.5

_____ 1

Wisconsin Administrative Code, NR 333.03(3)

2

Dams Overview, Wisconsin Department of Natural Resources

3

Id.

4

Dams Regulations, Wisconsin Department of Natural Resources

5

Wis. Stat. §31.14(4)

6

Id.

PAGE 6 | EAGLE’S NEST

Product Highlights

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Q1 2023 | PAGE 7

Reminder for Divorcing Parties Steve Zablocki, Senior Underwriting Counsel In a divorce, the judgment terminates the

Is the court creating a right to a lien by

marriage and incorporates the stipulations

requiring an equalization payment? The

and orders between the parties. The judgment

answer is an unsatisfying “maybe.”

or the marital settlement agreement (MSA) contains who will receive what and when out

There is law that suggests that a lien born out

of the marital asset pool.

of divorce court must be recorded, this by itself does not stop an aggrieved spouse from

When reviewing the MSA and judgment,

looking back at the title company and making

please be mindful of the intent of the parties.

demands for payment.

Normally, the order will grant the property to one of the parties. This order by itself does

If you see a court order for one spouse paying

not usually transfer record title. Rather, the

the other, treat it as a lien. The amount should

order may in fact require a subsequent quit

be raised as an exception, a payoff obtained,

claim deed from one party to the other.

and the amount disclosed on the closing statement. If they paid it off, then the onus is

The order may recite that the property

on the seller to come up with the appropriate

sold, and one spouse is to receive a certain

documentation. We should not be left having

payment out of the proceeds.

to deal with an aggrieved ex-spouse.

Upcoming Webinars • Fraud April 10, 2024 | 9:00am – 10:00am CST

• Clearing Liens – Part 1 June 8, 2024 | 9:00am – 10:00am CST

• AgentNet Tips, Tricks & Features May 8, 2024 | 10:00am – 11:00am CST

• Clearing Liens – Part 2 July 10, 2024 | 9:00am – 10:00am CST

Save the dates for these 2024 webinars, hosted by the WIsconsin Agency Team. To view a collection of previous webinar recordings, visit the Wisconsin Agency Training website.

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