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Bills from the 2009–10 session

Senate Bill 587

Commercial real estate liens and recording a correction instrument and a lis pendens

Topics: Lien, Real property, Register of deeds, Street

Became law

The governor signed it on May 14, 2010. It's ⁠.

  1. Introduced, passed

    Mar 2, 2010

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Apr 15, 2010

  4. Assembly vote, passed

    Passed Apr 20, 2010

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 348

Latest entry in the official record, May 17, 2010: “Published 5-27-2010”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Correction instruments Current law provides a procedure whereby a court may, on satisfactory proof, make an order correcting the description of real property in a recorded instrument conveying the property. Current law also provides that correction instruments may be recorded to make certain specified corrections to recorded plats or certified survey maps. Although correcting an error in a previously recorded instrument conveying real property by recording an affidavit making the correction but without court action has been a common practice for many years, the Wisconsin Court of Appeals determined in Smiljanic v. Niedermeyer , 2007 WI App 182, 737 N.W.2d 436, that there is no statutory authority under current law for this method of correction.

This bill provides that an instrument (correction instrument) correcting previously recorded instruments conveying real property may be executed, generally, by a person with personal knowledge of the facts stated in the instrument and recorded in the office of the register of deeds of the county in which the previously recorded instrument is recorded. A correction instrument may correct a legal description; add to, correct, or clarify other information, such as names, dates, and marital status; add an acknowledgment or authentication; or add the consent or subordination of a mortgagee. The bill specifies what information a correction instrument must include and provides that the record of the correction instrument is prima facie evidence of the facts stated in the correction instrument; is presumed to be true, subject to rebuttal; and constitutes record notice affecting the property's chain of title to any purchaser of the property. The bill also validates correction instruments that were recorded before the effective date of the bill.

Read the full summary

Lis pendens Current law provides that any person who applies to a court or municipal governing body for laying out, widening, vacating, or extending a street, alley, or other specified public place must file a notice of pendency of the application and that failure to comply renders all proceedings based on the application void. The bill instead requires the person making the application to submit a lis pendens to the register of deeds for filing or recording and removes the provision that failure to comply renders all proceedings based on the application void.

Current law provides that any final order or resolution based on the application has no effect and is not notice unless a certified copy of the order or resolution contains a full and accurate description of the property and is recorded in the office of the register of deeds. The bill provides that the final order must instead contain a legal description of the property and is not notice unless it is recorded in the office of the register of deeds. The bill also removes a provision in current law that a resolution or order that affects land but for which no application was made has no effect and is not notice unless it is recorded.

Commercial real estate liens This bill makes numerous changes in the process of obtaining and terminating a commercial real estate lien, which is a lien on real property other than real property that contains eight or fewer dwelling units, that is zoned for residential use but that has no structures, or that is zoned for agriculture.

Currently, if a real estate broker (broker) earns a commission on the sale of commercial real estate, the broker has a lien against the commercial real estate for the unpaid amount of the commission. The bill expands the types of agreements that may give rise to a commercial real estate lien to include an agreement between a broker and a person that grants the broker the right to represent the person in the lease of commercial real estate.

Under current law, to claim a lien against commercial real estate for an unpaid commission, a broker must file or record a written notice of intent to claim the lien at the office of the register of deeds for the county in which the commercial real estate is located and deliver a copy of that notice to the person owing the commission. Under this bill, to obtain a lien, the broker must send written notice to the person who owes the commission of the right to claim the lien and record a written notice of interest in the commercial real estate at the office of the register of deeds for the county in which the commercial real estate is located.

Currently, the lien is perfected when a broker files a notice of lien in the office of the register of deeds for the county in which the commercial real estate is located.

Under the bill, the lien is perfected when a broker records the lien in the office of the register of deeds for the county in which the commercial real estate is located.

The bill changes the time period for perfecting a lien involving a written commercial real estate list contract or buyer agency agreement from three days before the conveyance documents are recorded with register of deeds to 30 days after the conveyance documents are recorded with register of deeds.

Under current law, the broker is required to satisfy a commercial real estate lien if the person owing a commission that is the subject of the lien pays an amount equal to 125 percent of the commission owed into the trust account of the broker or of an attorney who does not represent any party to the dispute, pending resolution of the dispute. This bill adds a mutually agreed third party to those who can receive and hold the money pending resolution of the dispute.

Current law provides that a commercial real estate lien is extinguished if an action to enforce the lien is not commenced within two years after the lien is perfected. Under this bill, a commercial real estate lien is extinguished if a new notice of interest in the commercial real estate is not recorded in the office of the register of deeds for the county in which the commercial real estate is located within two years after the original notice of interest was recorded. Under the bill, a broker may rescind a notice of interest by recording a notice in the office of the register of deeds for the county in which the commercial real estate is located indicating that he or she no longer claims an interest in the commercial real estate.

The bill requires a broker to record a notice rescinding a notice of interest in the commercial real estate if the agreement that created the interest in the commercial real estate is terminated or expires. In addition, under the bill, a broker may waive the lien by signing a written waiver, but no action between any other persons may invalidate the lien, other than the payment in full of the broker's commission.

Who's behind it

6 senators are its ⁠. 4 are Democrats and 2 are Republicans.

10 more lawmakers ⁠.

See all 16 names

Authors (6)

Signed on in support (10)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Senate Committee on Veterans and Military Affairs vote on an amendment

Passed, 4 to 0 · Apr 7, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 4, Noes 0”. Official record · This vote on its own page

What happened

  1. May 17, 2010

    The new law was published.

  2. May 14, 2010

    The governor signed it. It became 2009 Wisconsin Act 348.

  3. May 11, 2010

    Sent to the governor.

  4. Apr 20, 2010

    The Assembly passed it too.

  5. Apr 15, 2010

    Sent to the Assembly Committee on Rules.

  6. Apr 15, 2010

    The Assembly received it.

  7. Apr 15, 2010

    The Senate passed it.

  8. Apr 15, 2010

    The Senate adopted it.

  9. Apr 7, 2010

    The committee voted to recommend passing it, 4 to 0.

  10. Apr 7, 2010

    “Report adoption of Senate Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 4, Noes 0” (the official wording)

  11. Mar 10, 2010

    The committee held a public hearing.

  12. Mar 2, 2010

    Sent to the Senate Committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions.

  13. Mar 2, 2010

    Introduced in the Senate.

See the official record, word for word
  1. Mar 2, 2010 · Senate

    Introduced by Senators Sullivan, Taylor, Plale, Jauch, Cowles and Darling;Cosponsored by Representatives Richards, Hubler, Turner, Molepske Jr., Van Roy, Townsend, Smith, Gunderson, Petersen and Soletski

  2. Mar 2, 2010 · Senate

    Read first time and referred to committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions

  3. Mar 10, 2010 · Senate

    Public hearing held

  4. Mar 15, 2010 · Senate

    Senate amendment 1 offered by Senator Sullivan

  5. Apr 7, 2010 · Senate

    Executive action taken

  6. Apr 7, 2010 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 4, Noes 0

  7. Apr 7, 2010 · Senate

    Report passage as amended recommended by committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions, Ayes 4, Noes 0

  8. Apr 7, 2010 · Senate

    Available for scheduling

  9. Apr 14, 2010 · Senate

    Placed on calendar 4-15-2010 pursuant to Senate Rule 18(1)

  10. Apr 15, 2010 · Senate

    Read a second time

  11. Apr 15, 2010 · Senate

    Senate amendment 1 adopted

  12. Apr 15, 2010 · Senate

    Ordered to a third reading

  13. Apr 15, 2010 · Senate

    Rules suspended

  14. Apr 15, 2010 · Senate

    Read a third time and passed

  15. Apr 15, 2010 · Senate

    Ordered immediately messaged

  16. Apr 15, 2010 · Assembly

    Received from Senate

  17. Apr 15, 2010 · Assembly

    Read first time and referred to committee on Rules

  18. Apr 15, 2010 · Assembly

    Made a special order of business at 12:06 P.M. on 4-20-2010 pursuant to Assembly Resolution 23

  19. Apr 20, 2010 · Assembly

    Read a second time

  20. Apr 20, 2010 · Assembly

    Ordered to a third reading

  21. Apr 20, 2010 · Assembly

    Rules suspended

  22. Apr 20, 2010 · Assembly

    Read a third time and concurred in

  23. Apr 20, 2010 · Assembly

    Ordered immediately messaged

  24. Apr 21, 2010 · Senate

    Received from Assembly concurred in

  25. May 3, 2010 · Senate

    Report correctly enrolled on 5-3-2010

  26. May 11, 2010 · Senate

    Presented to the Governor on 5-11-2010

  27. May 14, 2010 · Senate

    Report approved by the Governor on 5-13-2010. 2009 Wisconsin Act 348

  28. May 17, 2010 · Senate

    Published 5-27-2010

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote