Wis. Stat. » CHAPTER 708 — MORTGAGES AND LAND CONTRACTS
Wisconsin Statutes

Wis. Stat. § 708.01 (2026)

Effect of mortgage

✓ current as of July 2026
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708.01708.01 Effect of mortgage. A mortgage on real property creates a lien on the property mortgaged; except for the lien and subject to s. 708.11, the mortgagor retains the interest that the mortgagor had at the time of mortgage until that interest is divested by some later act.
708.01 HistoryHistory: 1993 a. 486; 1995 a. 283.
708.01 AnnotationAn acceleration clause providing that a mortgage becomes due and payable, at the option of the mortgagee, if the mortgaged premises are leased or transferred without its written permission, while not contrary to public policy, is enforceable only in accord with equitable principles governing foreclosure actions. Mutual Federal Savings & Loan v. American Medical Services, 66 Wis. 2d 210, 223 N.W.2d 921 (1974).
Notes of Decisions
Cited in 9 cases, 1984–2018 · leading case: Glover v. Marine Bank of Beaver Dam, 345 N.W.2d 449 (Wis. 1984).
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Glover v. Marine Bank of Beaver Dam, 345 N.W.2d 449 (Wis. 1984). · cites it 2× “Section 708.01, Stats. See also, Mutual Fed.”
City of Milwaukee v. Greenberg, 471 N.W.2d 33 (Wis. 1991). · cites it 2× “2d 449 (1984); sec. 708.01, Stats. [5] Furthermore, the remedies available to a seller upon the buyer's default under a land contract are different from the remedies available to a mortgagee.”
Wisconsin Fin. Corp. v. Garlock, 410 N.W.2d 649 (Wis. Ct. App. 1987). “See sec. 708.01, Stats. A mortgagee does not have legal title but is merely the holder of a security interest.”
In Re Crawley, 318 B.R. 512 (Bankr. W.D. Wis. 2004). · cites it 2× “Wis. Stat. § 708.01 states: A mortgage on real property creates a lien on the property mortgaged; except for the lien and subject to s.”
Matter of Plunkett, 191 B.R. 768 (Bankr. E.D. Wis. 1995). · cites it 2× “Real Estate Taxes The lien theory of mortgages, which is followed in Wisconsin, see Wis.Stat. § 708.01, provides that a mortgagee does not acquire legal title to the premises upon giving the mortgage.”
Crawley v. Aurora Loan Servs., 318 B.R. 512 (Bankr. W.D. Wis. 2004). · cites it 2× “Wis. Stat. § 708.01 states: A mortgage on real property creates a lien on the property mortgaged; except for the lien and subject to s.”
Prudential Ins. Co. of Am. v. Spencer's Kenosha Bowl Inc., 404 N.W.2d 109 (Wis. Ct. App. 1987). “Although a mortgagee only has a lien on the mortgaged property, see sec. 708.01, Stats.; State v. Phillips, 99 Wis.”
In re McGough, 592 B.R. 846 (Bankr. W.D. Wis. 2018). · cites it 2× “Wis. Stat. § 708.01 states: A mortgage on real property creates a lien on the property mortgaged; except for the lien and subject to s.”
Prudential Ins. v. SPENCER'S BOWL, 404 N.W.2d 109 (Wis. Ct. App. 1987). “Although a mortgagee only has a lien on the mortgaged property, see sec. 708.01, Stats.; State v. Phillips, 99 Wis.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.