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

Wis. Stat. § 846.162 (2026)

Disposition of surplus

✓ current as of July 2026
Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
846.162846.162 Disposition of surplus. If there shall be any surplus paid into court by the sheriff or referee, any party to the action or any person not a party who had a lien on the mortgaged premises at the time of sale, may file with the clerk of court into which the surplus was paid, a notice stating that the party or person is entitled to such surplus money or some part thereof, together with the nature and extent of the party’s or person’s claim. The court shall determine the rights of all persons in such surplus fund by reference or by testimony taken in open court, but no such hearing shall be had in court or before a referee except upon 8 days’ notice to all persons that have appeared in the action or filed notice of claim to such surplus money. If any such claimant shall not have appeared by attorney, notice of such hearing may be served by mail directed to the claimant at the place of the claimant’s residence as stated in the claimant’s notice of claim.
846.162 HistoryHistory: 1973 c. 189 s. 7; Stats. 1973 s. 816.162; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.162; 1993 a. 486.
846.162 AnnotationThis section is procedural. It creates no substantive rights. First Wisconsin Trust Co. v. Rosen, 143 Wis. 2d 468, 422 N.W.2d 128 (Ct. App. 1988).
846.162 AnnotationA mortgage covenant to pay taxes expires when the mortgage lien is extinguished upon confirmation of the sheriff’s sale. Taxes accruing after confirmation cannot be recovered from a surplus in sale proceeds. Harvest Savings Banking v. ROI Investments, 209 Wis. 2d 586, 563 N.W.2d 579 (Ct. App. 1997), 96-0998.
Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1980–2025 · leading case: First Wisconsin Trust Co. v. Rosen, 422 N.W.2d 128 (Wis. Ct. App. 1988).
Sort: Relevance Newest Treatment
First Wisconsin Trust Co. v. Rosen, 422 N.W.2d 128 (Wis. Ct. App. 1988). · cites it 9× “Prior to the hearing scheduled for confirmation of the sale, Washington county and the Town of West Bend (the tax agents) as holders of real estate tax liens each filed a claim for surplus under sec. 846.162, Stats. The trust and Continental also filed claims for surplus.”
Walworth State Bank v. Abbey Springs Condo. Ass'n, Inc., 2016 WI 30 (Wis. 2016). · cites it 2× “§§ 846.162, 846.165, 846.167; see also Shuput, 109 Wis.”
Mogilka v. Jeka, 389 N.W.2d 359 (Wis. Ct. App. 1986). · cites it 2× “] As for the disbursement of surplus monies derived from a foreclosure sale, sec. 846.162, Stats., states in part: Disposition of surplus.”
Fam. Sav. & Loan Ass'n v. Barkwood Landscaping Co., 286 N.W.2d 581 (Wis. 1980). “15, plus accrued interest, in the hands of the receiver to be a surplus fund to which Family has no claim, and thus the sum should be given to the clerk of courts to be disbursed according to sec. 846.162, Stats., to all persons who have filed claims; or in the alternative,…”
Harvest Sav. Bank v. Roi Investments, 563 N.W.2d 579 (Wis. Ct. App. 1997). · cites it 7× “Section 846.162, Stats., allows the parties to a foreclosure action and nonparty lienholders to file a claim for surplus proceeds.”
Matter of Plunkett, 191 B.R. 768 (Bankr. E.D. Wis. 1995). · cites it 2× “Section 846.162 allows for any surplus brought from the sheriffs sale to be distributed to any party or non-party with a lien on the property at the time of the sale.”
Est. of Riese Ex Rel. Com. & Sav. Bank of Monroe v. Weber, 389 N.W.2d 640 (Wis. Ct. App. 1986). · cites it 3× “After foreclosure and sale, the Riese estate was paid in full, leaving a surplus of $2,064.”
Marine Credit Union v. Est. of Robert M. Pratsch (Wis. Ct. App. 2023). · cites it 11× “§ 846.162 (2021-22).1 The Estate opposed North Shore’s motion, arguing that North Shore was not entitled to the surplus because its judgment lien, which was entered on March 22, 2011, had expired two days before the foreclosure sales on March 24, 2021.”
Heartland Credit Union v. Chocolaterian LLC (Wis. Ct. App. 2021). · cites it 6× “§ 846.162, a junior lienholder may file a claim for surplus if any surplus is paid into court.”
Bach v. Off. of Lawyer Reg. (Bankr. E.D. Wis. 2022). · cites it 3× “Section 846.162 of the Wisconsin Statutes permits a junior lienholder to make a claim to any surplus funds.”
Bach v. Milwaukee Cnty. (E.D. Wis. 2023). · cites it 2× “Section 846.162 explicitly allows a junior lienholder to make a claim to any surplus funds in a foreclosure action.”
Bank of Am. NA v. The Est. of Richard P. Nelson (Wis. Ct. App. 2025). “§ 846.162 (2023-24).1 The DOR contrasts this limited role with the broad powers accorded to personal representatives appointed under Wisconsin probate law to settle the estates of intestate decedents.”
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.