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County staff pause tax-deed transfer for Northern Mobile Home Park parcel, start new notice and plan ordinance changes
Summary
Staff discovered defects in a prior notice in the tax-foreclosure process for a problem mobile-home-park parcel and reissued proper notice; remediation work is proceeding and staff will propose ordinance changes to the tax-deed process in light of recent case law.
County staff told the committee they found errors in a prior foreclosure notice sent to the owner of a property commonly called the Northern Mobile Home Park and reissued a corrected notice in late winter, restarting the 90-day redemption period required under state law.
Corporation Counsel Mike and Administrator Leonard said the corrected notice extended the foreclosure timeline but also allowed staff to include an additional year of unpaid taxes in the revised notice. Meanwhile, remediation work to address human-health hazards on the parcel has begun; county contractors are removing debris and loading dumpsters at the site, and staff said that work is proceeding while title remains with the property owner.
Mike and Administrator Leonard told the committee they paused the tax-deed step after discovering defects in the earlier notice and reissued a legally correct notice to avoid later challenges. Mike said the county would continue to monitor payments and would pursue a tax deed only if the owner does not redeem during the newly triggered 90-day period.
The committee also discussed recent judicial developments and statutory changes that affect tax-foreclosure and in-rem procedures. Administrator Leonard said the county needs to update local ordinances (Chapter 3.2 was cited) to align processes with recent changes in case law and state guidance, including questions prompted by the U.S. Supreme Court decision in Tyler v. Hennepin County and related Wisconsin-law updates. He told the committee staff will prepare proposed ordinance amendments that would clarify who prepares notices, how human-health remediation interacts with foreclosure steps, and post-sale processes for surplus proceeds.
Chair members asked whether remediation costs can be recovered if taxes later are paid or if the county takes title; attorneys said the county would analyze whether remediation costs can be claimed as a debt or special assessment against the owner and, if applicable, offset such costs from surplus proceeds at sale. Staff agreed to evaluate whether issuing a pre-deed special assessment for remediation costs would protect the county’s interests and to bring recommended ordinance language to the committee for review within about 55 days.
No formal committee action was required at the meeting; staff said they will bring draft ordinance amendments and options for protecting remediation costs to a future meeting.
