Wis. Stat. § 846.101
Foreclosure without deficiency; 20-acre parcels
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846.101(1)(1) If the mortgagor has agreed in writing at the time of the execution of the mortgage to the provisions of this section, and the foreclosure action involves a one-family to 4-family residence that is owner-occupied at the commencement of the foreclosure action, a farm, a church, or a tax-exempt nonprofit charitable organization, the plaintiff in a foreclosure action of a mortgage on real estate of 20 acres or less, which mortgage is recorded subsequent to January 22, 1960, may elect by express allegation in the complaint to waive judgment for any deficiency which may remain due to the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage, and to consent that the mortgagor, unless he or she abandons the property, may remain in possession of the mortgaged premises and be entitled to all rents, issues, and profits therefrom to the date of confirmation of the sale by the court.
846.101(2)(a)(a) When the plaintiff so elects, judgment shall be entered as provided in this chapter, except that no judgment for deficiency may be ordered nor separately rendered against any party who is personally liable for the debt secured by the mortgage.
846.101(2)(b)(b) If the mortgage was executed before April 27, 2016, the sale of the mortgaged premises shall be made upon the expiration of 6 months from the date when the judgment is entered. Notice of the time and place of sale shall be given under s. 846.16 (1) and may be given within the 6-month period, except that the first printing of the notice shall not be made less than 4 months after the date when the judgment is entered.
846.101(2)(c)(c) If the mortgage was executed on or after April 27, 2016, the sale of the mortgaged premises shall be made as follows:
846.101(2)(c)1.1. Except as provided in subd. 2., upon the expiration of 3 months from the date when the judgment is entered. Notice of the time and place of sale shall be given under s. 846.16 (1) and may be given within the 3-month period, except that the first printing of the notice shall not be made less than one month after the date when the judgment is entered.
846.101(2)(c)2.2. Upon motion of the mortgagor before judgment is entered, if the court finds that the mortgagor is attempting in good faith to sell the mortgaged premises and has entered into a listing agreement with a real estate broker licensed under ch. 452 to sell the mortgaged premises, upon the expiration of 5 months from the date when the judgment is entered. Notice of the time and place of sale shall be given under s. 846.16 (1) and may be given within the 5-month period, except that the first printing of the notice shall not be made less than 3 months after the date when the judgment is entered.
846.101 HistoryHistory: 1973 c. 189 ss. 7, 20; Stats. 1973 s. 816.101; Sup. Ct. Order, 67 Wis. 2d 585, 768, 783 (1975); Stats. 1975 s. 846.101; 1977 c. 304; 2009 a. 180; 2015 a. 376; 2017 a. 104, 208.
846.101 AnnotationAn election by a mortgagee to foreclose under s. 816.101, [now s. 846.101] on one or more mortgages securing a debt does not bar foreclosure upon the remaining mortgages but does bar pursuit of a personal deficiency. Glover v. Marine Bank of Beaver Dam, 117 Wis. 2d 684, 345 N.W.2d 449 (1984).
846.101 AnnotationThere is no reasonable way to read s. 846.04 (1) and this section to mean that a money judgment obtained on a second mortgage and note should count as a deficiency judgment for purposes of a foreclosure action on a separate indebtedness secured by a first mortgage. Harbor Credit Union v. Samp, 2011 WI App 40, 332 Wis. 2d 214, 796 N.W.2d 813, 10-0974.
846.101 AnnotationIn a foreclosure was under s. 846.101, the Veterans Administration was not estopped from pursuing a deficiency against a veteran under an agreement to indemnify the VA for the VA’s loss on a loan guaranty. U.S. v. Davis, 961 F.2d 603 (1992).
Notes of Decisions
Cited in 29
cases (2 in the last 5 years), 1981–2025 · leading case: Bank Mutual v. S.J. Boyer Construction, Inc.
Bank Mutual v. S.J. Boyer Construction, Inc. (2010)
“" Wis. Stat. § 846.101 . The second exception is the statute at issue in this case.”
Bank of New York v. Shirley T. Carson (2015)
“See Wis. Stat. § 846.101 (court enters judgment if mortgagee waives judgment of deficiency and permits the mortgagor to remain in possession of the property until it is sold); Wis.”
Bank of Sun Prairie v. Marshall Development Co. (2001)
“The sale was confirmed, but the price obtained was less than the amount due on the notes.”
Harbor Credit Union v. Samp (2011)
“We conclude that: (1) the circuit court correctly determined that in this foreclosure action on the first mortgage Harbor was entitled to the accelerated redemption period under Wis. Stat. § 846.101 (2009-10), 1 because the money judgment on the second mortgage was not a…”
Deutsche Bank National Trust Company v. Thomas P. Wuensch (2018)
“§ 846.101 (2013-14), waiving any deficiency judgment against Wuensch, and consenting to Wuensch's continued occupancy 5 The moneys held in the escrow account also covered hazard insurance and other costs and fees.”
Shuput v. Lauer (1982)
“The stipulation permitted Shuput to elect to proceed under section 846.101 of the statutes for a six-month foreclosure without deficiency judgment and further provided that the Lauers waived misrepresentation claims and defenses they had raised in the foreclosure action and…”
Valley Bank v. Jennings (1995)
“On appeal, Jennings argues that the summary judgment record does not support the reduction of the redemption period from twelve to six months pursuant to § 846.101, Stats. Jennings also contends the homestead was part of a larger mortgaged parcel such that the nonhomestead…”
United States v. Davis (1991)
“By proceeding under Wis.Stat. § 846.101, however, Anchorage waived the right to obtain a judgment against Davis for any deficiency.”
Glover v. Marine Bank of Beaver Dam (1984)
“Concerning the second mortgage, executed April 27, 1978, sec. 846.101, Stats. (1975), is applicable.”
In Re Wescott (2004)
“Wis. Stat. § 846.101 . Section 846.13 governs “Redemption from and Satisfaction of Judgment,” and may suggest that the redemption rights expire upon the sheriffs sale: The mortgagor, the mortgagor’s heirs, personal representatives or assigns may redeem the mortgaged premises at…”
United States v. Lacey Phillips (2013)
“Wis. Stat. 846.101(2). Otherwise they must wait a year.”
Bank One, NA v. Ofojebe (2005)
“See Wis. Stat. § 846.101 . On January 10, 2003, the trial court dismissed the case, concluding that Bank One had not provided "sufficient, credible and reliable evidence upon which [it] could find that" Jacqueline Ofojebe had outstanding payments.”
— Wis. Stat. § 846.101(1) — 2 cases
Valley Bank v. Jennings (1995)
“On appeal, Jennings argues that the summary judgment record does not support the reduction of the redemption period from twelve to six months pursuant to § 846.101, Stats. Jennings also contends the homestead was part of a larger mortgaged parcel such that the nonhomestead…”
United States v. Davis (1993)
— Wis. Stat. § 846.101(2) — 4 cases
United States v. Lacey Phillips (2013)
“Wis. Stat. 846.101(2). Otherwise they must wait a year.”
Harbor Credit Union v. Samp (2011)
“We conclude that: (1) the circuit court correctly determined that in this foreclosure action on the first mortgage Harbor was entitled to the accelerated redemption period under Wis. Stat. § 846.101 (2009-10), 1 because the money judgment on the second mortgage was not a…”
Valley Bank v. Jennings (1995)
“On appeal, Jennings argues that the summary judgment record does not support the reduction of the redemption period from twelve to six months pursuant to § 846.101, Stats. Jennings also contends the homestead was part of a larger mortgaged parcel such that the nonhomestead…”
— Wis. Stat. § 846.101(2)(b) — 1 case
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