Wisconsin Statutes

Wis. Stat. § 846.02 (2026)

Foreclosure; defendant may have assignment of mortgage

✓ current as of July 2026

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846.02846.02 Foreclosure; defendant may have assignment of mortgage.

846.02(1)(1) In a mortgage foreclosure action, any defendant may upon payment to the plaintiff or the plaintiff’s attorney, of the amount then owing thereon for principal, together with interest and all costs up to such time, demand the assignment of such mortgage to the defendant. The plaintiff shall upon such demand and a tender of the amount owing for principal, interest and costs, assign the mortgage to such defendant and the plaintiff shall be barred from further prosecuting such action. If dispute shall arise over the amount due for costs, application to fix the costs accrued shall be made to the court in which such action is pending.

846.02(2)(2) If such demand and tender is made after judgment, the plaintiff or the plaintiff’s assignee shall assign such judgment to such defendant.

846.02 HistoryHistory: 1973 c. 189 s. 7; Stats. 1973 s. 816.02; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.02; 1993 a. 486.

Notes of Decisions

Cited in 4 cases, 1998–2018 · leading case: Nationstar Mortg. LLC v. Robert R. Stafsholt, 908 N.W.2d 784 (Wis. 2018).

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Nationstar Mortg. LLC v. Robert R. Stafsholt, 908 N.W.2d 784 (Wis. 2018). · cites it 4× “Stafsholt's answer also raised a number of counterclaims: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) equitable estoppel; (4) a request for declaratory *292 judgment; and (5) assignment of the mortgage pursuant to Wis. Stat. §…”

JP Morgan Chase Bank, NA v. Green, 2008 WI App 78 (Wis. Ct. App. 2008). · cites it 2× “§ 846.02 permits "any defendant" to pay to the plaintiff the principal amount owing on the mortgage plus interest and costs and to demand assignment of the mortgage; if this occurs after judgment, the judgment is assigned.”

Carolina Builders Corp. v. Dietzman, 2007 WI App 201 (Wis. Ct. App. 2007). · cites it 2× “Wis. Stat. § 846.02 , which permits any defendant to receive an assignment of the mortgage upon payment of the specified sums to the plaintiff; and Wis.”

GMAC Mortg. Corp. v. Gisvold, 572 N.W.2d 466 (Wis. 1998). “§§ 846.02, 846.04, 846.07, 846.08, 846.09, 846.”

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