Wisconsin Statutes

Wis. Stat. § 846.09 (2026)

Amendments as to parties; process and pleading

✓ current as of July 2026

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846.09846.09 Amendments as to parties; process and pleading. In any action for the foreclosure of a mortgage, at any time after judgment and before a sale pursuant thereto, the plaintiff may be granted leave to amend the summons, complaint and all the proceedings in the action by making as defendant any person who is a proper or necessary party thereto. Such person so made a party shall be served with the summons in like manner as if originally a party, and may answer and defend, and all matters and proceedings as to the person shall be had and taken in like manner as if the person had been originally made a party thereto. After such person has been thus made a party and served, and the person’s rights adjudicated upon, the original judgment may be so amended as to bar and foreclose the person thereby, or to make any provisions in regard to the person’s rights and interests in like manner as it could have done had the person been made originally a party.

846.09 HistoryHistory: 1973 c. 189 s. 7; Stats. 1973 s. 816.09; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.09; 1993 a. 486.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1995–2021 · leading case: Matter of Plunkett, 191 B.R. 768 (Bankr. E.D. Wis. 1995).

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Matter of Plunkett, 191 B.R. 768 (Bankr. E.D. Wis. 1995). · cites it 2× “The “summons, complaint and all the proceedings in the action” may be amended at any time between the entry of the judgment of foreclosure and the sheriffs sale to add “proper or necessary” parties.”

Peoples State Bank v. Debra K. McCarty (Wis. Ct. App. 2021). · cites it 3× “§ 846.09, which states in relevant part: In any action for the foreclosure of a mortgage, at any time after judgment and before a sale pursuant thereto, the plaintiff may be granted leave to amend the summons, complaint and all the proceedings in the action by making as…”

Bank of Am., N.A. v. Prissel, 2015 WI App 10 (Wis. Ct. App. 2014). · cites it 2× “For instance, the lender and borrower may want to delay a sale when: (1) the borrower is appealing the foreclosure judgment; (2) there are title or other marketing issues involving the property; (3) there are contested issues with junior creditors added as defendants after entry…”

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