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

Wis. Stat. § 846.11 (2026)

Homestead, how sold

✓ current as of July 2026
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846.11846.11 Homestead, how sold. If any defendant appear and answer that any portion of the mortgaged premises is an exempt homestead the court shall ascertain whether such be the fact, and if so whether the part of the mortgaged premises not included in the exempt homestead can be sold separately therefrom without injury to the interests of the parties, and in that case shall direct in the judgment that the exempt homestead shall not be sold until all the other mortgaged lands have been sold.
846.11 HistoryHistory: 1973 c. 189 s. 7; Stats. 1973 s. 816.11; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.11.
846.11 AnnotationThis statute gives the option to the mortgagor to insist that when a mortgage covers both homestead and nonhomestead property, the nonhomestead property be sold first. That issue is irrelevant if the entire mortgaged property is homestead. Anchor Savings & Loan Association v. Week, 62 Wis. 2d 169, 213 N.W.2d 737 (1974).
846.11 AnnotationThis section is inapplicable when separate mortgages cover homestead and nonhomestead property. Valley Bank v. Jennings, 198 Wis. 2d 857, 544 N.W.2d 243 (Ct. App. 1995), 94-3197.
846.11 AnnotationThe Federal Farmers Home Administration is not subject to state exemption laws in the foreclosure of its mortgages. U.S. v. Einum, 821 F. Supp. 1283 (1993).
Notes of Decisions
Cited in 5 cases, 1981–2012 · leading case: Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981).
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Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). · cites it 6× “Section 846.11, Stats. Although sec. 846.”
Valley Bank v. Jennings, 544 N.W.2d 243 (Wis. Ct. App. 1995). · cites it 5× “His accompanying memorandum contended that material issues of fact existed as to whether the bank was entitled to foreclose separately against the homestead pursuant to § 846.11, Stats., and whether the size of the homestead parcel permitted a reduction in the period of…”
Geneva Nat. Cmty. Ass'n, Inc. v. Friedman, 598 N.W.2d 600 (Wis. Ct. App. 1999). · cites it 2× “" Section 846.11, Stats. That purpose is not served in a case such as this where the entire property is not homestead property.”
Matter of Clark, 32 B.R. 711 (W.D. Wis. 1983). “§ 846.11. The court authorized a foreclosure sale at any time after April 2, 1982.”
Hoffman v. Hartley (In re Hartley), 483 B.R. 700 (Bankr. W.D. Wis. 2012). · cites it 14× “11 provides as follows: If any defendant appear and answer that any portion of the mortgaged premises is an exempt homestead the court shall ascertain whether such be the fact, and if so whether the part of the mortgaged premises not included in the exempt homestead can be sold…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.