Wisconsin Statutes
Wis. Stat. § 846.102 (2026)
Abandoned premises
✓ current as of July 2026
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846.102(1)(1) In an action for enforcement of a mortgage lien, and upon motion of the plaintiff or the city, town, village, or county where the mortgaged premises are located, if the court makes an affirmative finding upon proper evidence being submitted that the mortgaged premises have been abandoned by the mortgagor and the mortgagor’s assigns, judgment shall be entered as provided in sub. (3). In this section, “abandoned” means the relinquishment of possession or control of the mortgaged premises whether or not the mortgagor or the mortgagor’s assigns have relinquished equity and title.
846.102(2)(2) In addition to the parties to the action to enforce a mortgage lien, a representative of the city, town, village, or county where the mortgaged premises are located may provide testimony or evidence to the court under sub. (1) relating to whether the premises have been abandoned by the mortgagor. In determining whether the mortgaged premises have been abandoned, the court shall consider the totality of the circumstances, including the following:
846.102(2)(e)(e) At least 2 reports to law enforcement officials of trespassing, vandalism, or other illegal acts being committed on the premises.
846.102(2)(f)(f) Conditions that make the premises unsafe or unsanitary or that make the premises in imminent danger of becoming unsafe or unsanitary.
846.102(3)(a)(a) If the court finds that the mortgaged premises have been abandoned under sub. (1), judgment shall be entered as provided in s. 846.10, except that the plaintiff shall, no later than 12 months from the date when the judgment is entered, do one of the following:
846.102(3)(a)1.1. Hold a sale of the mortgaged premises and have the sale confirmed under s. 846.16 (2m). Any sale of the mortgaged premises may be held at any time after the expiration of 5 weeks 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 at any time within the 12-month period.
846.102(3)(a)2.2. Release or satisfy the mortgage lien and vacate the judgment of foreclosure. If the plaintiff presents evidence that the mortgage lien has been released or satisfied and requests that the judgment of foreclosure be vacated, the court shall vacate the judgment of foreclosure with prejudice.
846.102(3)(b)(b) If, 12 months after the date when the judgment is entered, the plaintiff has not completed an action under par. (a) 1. or 2., any party to the action or the city, town, village, or county where the mortgaged premises are located may petition the court for an order compelling a sale of the mortgaged premises.
846.102 AnnotationForeclosures in Limbo: Zombie Properties. Payne & Decker. Wis. Law. Oct. 2015.
846.102 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 768, 783 (1975); 1975 c. 41 s. 52; 1975 c. 199; Stats. 1975 s. 846.102; 1977 c. 304; 2011 a. 136; 2015 a. 376; 2017 a. 104, 208.
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 1983–2022 · leading case: Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015).
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “¶2 The Bank asserts that Wis. Stat. § 846.102 (2011-12)2, the statute governing foreclosure of abandoned properties, does not require it to sell a property after it obtains a judgment of foreclosure and the redemption period has passed.”
Bank of Sun Prairie v. Marshall Dev. Co., 2001 WI App 64 (Wis. Ct. App. 2001). “§ 846.102, which *372 provides that a sale may take place two months from entry of the judgment of foreclosure upon a finding by the court that the property has been abandoned.”
Bank of New York v. Carson, 2013 WI App 153 (Wis. Ct. App. 2013). “Carson, who moved to amend the judgment to include a finding *208 that the property was abandoned and to order Bank of New York (hereafter "the Bank") to sell the property upon the expiration of the five-week redemption period pursuant to Wis. Stat. § 846.102 (2011-12), 1 argues…”
Andrew Waity v. Devin Lemahieu, 2022 WI 6 (Wis. 2022). “2d 422 (quoting Wis. Stat. § 846.102 (2011- 12)). We interpreted the statute to provide "the circuit court the authority to order a bank to sell the property.”
Bank of New York v. Shirley T. Carson (Wis. 2015). “¶2 The Bank asserts that Wis. Stat. § 846.102 (2011-12)2, the statute governing foreclosure of abandoned properties, does not require it to sell a property after it obtains a judgment of foreclosure and the redemption period has passed.”
Matter of Clark, 32 B.R. 711 (W.D. Wis. 1983). “§ 846.102 and that they had made no homestead claim pursuant to Wis.”
Andrew Waity v. Devin Lemahieu, 2022 WI 6 (Wis. 2022). “2d 422 (quoting Wis. Stat. § 846.102 (2011- 12)). We interpreted the statute to provide "the circuit court the authority to order a bank to sell the property.”
In re Clark, 738 F.2d 869 (7th Cir. 1984). “On February 2,1982, the circuit court found pursuant to Wis. Stat.Ann. § 846.102 (West 1977 & Supp.”
Bank of Am., N.A. v. Prissel, 2015 WI App 10 (Wis. Ct. App. 2014). “Each of these statutes establishes a redemption period for the type of property addressed, during which the borrower may pay off his or her debt and redeem the property before it is sold at a foreclosure sale. Specifically, the statutes establish a twelve-month redemption period…”
Dewitt v. Jacob (Bankr. E.D. Wis. 2020). “As part of their affirmative defenses, the Jacobs assert, relying on Wis. Stat. § 846.102 (2), that Mr. DeWitt abandoned the home and his personal belongings and that Mr.”
United States v. Johnson, Barbara (W.D. Wis. 2020). “The subject premises are abandoned, as that term is defined in Wis. Stat. § 846.102 (1). 7. Notice of the pendency of this action was duly given on August 8, 2019, after the filing of the Complaint herein, by filing a Notice of Lis Pendens in the office of the Register of Deeds…”
Wisconsin Ass'n of State Prosecutors v. Wisconsin Emp. Relations Comm'n (Wis. 2018). “2d 422 ("The context in which 'shall' is used in Wis. Stat. § 846.102 (1) indicates that the legislature intended it to be mandatory.”
— Wis. Stat. § 846.102(1) — 5 cases
Bank of New York v. Shirley T. Carson, 2015 WI 15 (Wis. 2015). “¶2 The Bank asserts that Wis. Stat. § 846.102 (2011-12)2, the statute governing foreclosure of abandoned properties, does not require it to sell a property after it obtains a judgment of foreclosure and the redemption period has passed.”
Andrew Waity v. Devin Lemahieu, 2022 WI 6 (Wis. 2022). “2d 422 (quoting Wis. Stat. § 846.102 (2011- 12)). We interpreted the statute to provide "the circuit court the authority to order a bank to sell the property.”
Andrew Waity v. Devin Lemahieu, 2022 WI 6 (Wis. 2022). “2d 422 (quoting Wis. Stat. § 846.102 (2011- 12)). We interpreted the statute to provide "the circuit court the authority to order a bank to sell the property.”
Bank of Am., N.A. v. Prissel, 2015 WI App 10 (Wis. Ct. App. 2014). “Each of these statutes establishes a redemption period for the type of property addressed, during which the borrower may pay off his or her debt and redeem the property before it is sold at a foreclosure sale. Specifically, the statutes establish a twelve-month redemption period…”
Bank of New York v. Shirley T. Carson (Wis. 2015). “¶2 The Bank asserts that Wis. Stat. § 846.102 (2011-12)2, the statute governing foreclosure of abandoned properties, does not require it to sell a property after it obtains a judgment of foreclosure and the redemption period has passed.”
— Wis. Stat. § 846.102(3)(b) — 1 case
Heartland Credit Union v. Chocolaterian LLC (Wis. Ct. App. 2021).
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