Wis. Stat. » CHAPTER 846 — REAL ESTATE FORECLOSURE
Wisconsin Statutes

Wis. Stat. § 846.01 (2026)

Foreclosure judgment

✓ current as of July 2026
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846.01846.01 Foreclosure judgment.
846.01(1)(1) Except as provided in sub. (2), in actions for the foreclosure of mortgages upon real estate, if the plaintiff recover, the court shall render judgment of foreclosure and sale, as provided in this chapter, of the mortgaged premises or so much of the premises as may be sufficient to pay the amount adjudged to be due upon the mortgage and obligation secured by the mortgage, with costs.
846.01(2)(2) A judgment of foreclosure and sale shall not be entered until 20 days after the lis pendens has been filed.
846.01 HistoryHistory: 1973 c. 189 s. 7; Stats. 1973 s. 816.01; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.01; 1997 a. 254.
846.01 Cross-referenceCross-reference: See s. 840.10 as to requirement of filing of lis pendens.
846.01 AnnotationThe defense of laches, consisting of unreasonable delay by the mortgagee in commencing the action, its actual or constructive knowledge of the transfer and acquiescence therein, and prejudice to the mortgagor asserting the defense, is in itself a sufficient basis that it would be inequitable under the circumstances to decree foreclosure. Mutual Federal Savings & Loan Assoc. v. American Medical Services, 66 Wis. 2d 210, 223 N.W.2d 921 (1974).
846.01 AnnotationThe trial court could enter judgment against a codefendant who received an excess payment of sheriff sale proceeds from another defendant. The trial court’s authority in a foreclosure action is equitable in nature and not limited to that expressly granted by statute. The court’s discretion extends even after confirmation of sale, if necessary to provide that no injustice be done to any of the parties. Harvest State Bank v. ROI Investments, 228 Wis. 2d 733, 598 N.W.2d 571 (Ct. App. 1999), 98-2320.
846.01 AnnotationIn accordance with this section and the court’s equitable powers, the circuit court order “forever barred and foreclosed of all right, title, interest, lien or equity of redemption in and to said mortgaged premises.” A condominium association policy could not survive a foreclosure action to the extent it restricts a current owner’s use of condominium facilities based on the failure of the prior owners to pay their debts. Such a policy ties the debts of the prior owners to the units, in violation of well-established foreclosure. Walworth State Bank v. Abbey Springs Condominium Association, Inc. 2016 WI 30, 368 Wis. 2d 72, 878 N.W.2d 170, 14-0940.
846.01 AnnotationWhen a lender does not validly accelerate payment of the amount due under a note and a foreclosure action brought on the borrower’s default on an installment payment under the note has been dismissed with prejudice, claim preclusion does not bar the lender from bringing a subsequent foreclosure action based upon the borrower’s continuing default on the same note. Federal National Mortgage Association v. Thompson, 2018 WI 57, 381 Wis. 2d 609, 912 N.W.2d 364, 16-1496.
846.01 AnnotationMortgage foreclosure as fraudulent conveyance: Is judicial foreclosure an answer to the Durrett problem? 1984 WLR 195.
846.01 AnnotationAdvising Clients Facing Foreclosure. Cummisford. Wis. Law. Dec. 2007.
846.01 AnnotationBeyond Robo-signing: Mortgage Foreclosure Defense Basics. Nora. Wis. Law. April 2011.
Notes of Decisions
Cited in 7 cases, 1983–2016 · leading case: Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30 (Wis. 2016).
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Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30 (Wis. 2016). · cites it 17× “01(1) provides, in pertinent part: [I]n actions for the foreclosure of mortgages upon real estate, if the plaintiff recover, the court shall render judgment of foreclosure and sale, as provided in this chapter, of the mortgaged premises or so much of the premises as may be…”
Bank Mut. v. S.J. Boyer Constr., Inc., 2010 WI 74 (Wis. 2010). · cites it 2× “04(1) permits a plaintiff seeking foreclosure to obtain a deficiency judgment and sets out the procedure for doing so: The plaintiff may, in the complaint, demand judgment for any deficiency that may remain due the plaintiff after sale of the mortgaged premises against every…”
Harbor Credit Union v. Samp, 2011 WI App 40 (Wis. Ct. App. 2011). · cites it 5× “101 , read together with Wis. Stat. § 846.01 (1) and in the context of the comprehensive scheme set forth in ch.”
United Cent. Bank v. Wells Street Apts., LLC, 957 F. Supp. 2d 978 (E.D. Wis. 2013). · cites it 4× “First, I must state in the judgment whether the mortgaged premises can be sold in parcels, Wis. Stat. § 846.01 , yet UCB has not provided me with any information on that issue.”
In the Matter of Madison Hotel Assocs., D/B/A the Concourse Hotel, Debtor-Appellant, 749 F.2d 410 (7th Cir. 1984). “On August 17, 1981, Judge Crabb of the Federal district court considered the parties’ legal and equitable arguments on the foreclosure issue, reviewed the applicable Wisconsin state law of foreclosure, see Wis.Stat. § 846.01 et seq. (1981-82), and granted Prudential’s summary…”
Carolina Builders Corp. v. Dietzman, 2007 WI App 201 (Wis. Ct. App. 2007). · cites it 2× “846 on which the appellants rely are: Wis. Stat. § 846.01 (1), which provides that "in actions for the foreclosure of mortgages upon real estate, if the plaintiff recover[s], the court shall render judgment of foreclosure and sale, as provided in this chapter, of the mortgaged…”
State Farm Life Ins. v. Pyare Square Corp., 331 N.W.2d 656 (Wis. Ct. App. 1983). · cites it 2× “If an action is filed in which the relief sought “might confirm or change interests” in real property, a *69 lis pendens containing the information required in sec.”
— Wis. Stat. § 846.01(1) — 3 cases
Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30 (Wis. 2016). “01(1) provides, in pertinent part: [I]n actions for the foreclosure of mortgages upon real estate, if the plaintiff recover, the court shall render judgment of foreclosure and sale, as provided in this chapter, of the mortgaged premises or so much of the premises as may be…”
Bank Mut. v. S.J. Boyer Constr., Inc., 2010 WI 74 (Wis. 2010). “04(1) permits a plaintiff seeking foreclosure to obtain a deficiency judgment and sets out the procedure for doing so: The plaintiff may, in the complaint, demand judgment for any deficiency that may remain due the plaintiff after sale of the mortgaged premises against every…”
Harbor Credit Union v. Samp, 2011 WI App 40 (Wis. Ct. App. 2011). “101 , read together with Wis. Stat. § 846.01 (1) and in the context of the comprehensive scheme set forth in ch.”
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