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

Wis. Stat. § 846.165 (2026)

Application for confirmation of sale and for deficiency judgment

✓ current as of July 2026
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846.165846.165 Application for confirmation of sale and for deficiency judgment. No sale on a judgment of mortgage foreclosure shall be confirmed unless 5 days’ notice has been given to all parties that have appeared in the action. Such notice shall be given either personally or by registered mail directed to the last-known post-office address, mailed at least 5 days prior to the date when the motion for confirmation is to be heard, if any post-office address is known; if not known, mailing may be dispensed with but an affidavit shall be filed with the court stating that the address is not known, and the notice shall state, in addition to other matter required by law, the amount of the judgment, the amount realized upon the sale, the amount for which personal judgment will be sought against the several parties naming them, and the time and place of hearing.
846.165 HistoryHistory: 1973 c. 189 s. 7; Stats. 1973 s. 816.165; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.165; 2017 a. 208.
846.165 Cross-referenceCross-reference: For tardy confirmation of sale, after 6 years, see s. 846.18.
846.165 AnnotationThe purchaser at a foreclosure sale has a right to notice of when the sale has been confirmed, when the mortgagor’s redemption period ends, and when the 10-day payment period under s. 846.17 [now s. 846.16 (2m) (b)] expires. GMAC Mortgage Corp. v. Gisvold, 215 Wis. 2d 459, 572 N.W.2d 466 (1998), 96-1663.
846.165 AnnotationThis section does not preclude a purchaser from obtaining a confirmation hearing when the mortgagee’s application for confirmation has been withdrawn. This affords the purchaser an opportunity to have the court decide whether it is entitled to transfer of the property under applicable law, and does not undermine the rights of the lienholders and mortgagor to object to certification as provided by law. JP Morgan Chase Bank, NA v. Green, 2008 WI App 78, 311 Wis. 2d 715, 753 N.W.2d 536, 07-1753.
846.165 AnnotationThe notice referred to throughout sub. (1) [now this section] is the notice of the first sentence that must be given to all parties that have appeared in the action. There is no requirement that when no party is entitled to personal notice under sub. (1) [now this section] there must be a general posting or publication of notice. There is no general hearing requirement or general motion-for-confirmation requirement that applies when no notice of hearing is required. Wells Fargo Bank, N.A. v. Biba, 2010 WI App 140, 329 Wis. 2d 787, 793 N.W.2d 95, 09-2273.
Notes of Decisions
Cited in 29 cases (2 in the last 5 years), 1979–2025 · leading case: Horizon Bank, Nat'l Ass'n v. Marshalls Point Retreat LLC, 908 N.W.2d 797 (Wis. 2018).
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Horizon Bank, Nat'l Ass'n v. Marshalls Point Retreat LLC, 908 N.W.2d 797 (Wis. 2018). · cites it 87× “2 Wis. Stat. § 846.165 provides in relevant part: (1) No sale on a judgment of mortgage foreclosure shall be confirmed unless 5 days' notice has been given to all parties that have appeared in the action.”
Bank Mut. v. S.J. Boyer Constr., Inc., 2010 WI 74 (Wis. 2010). · cites it 12× “103(2) seeks to prevent unjust enrichment of the mortgagee, as this purpose is already served by the fair value requirement of Wis. Stat. § 846.165 (2). [21] Thus, the decisions of other states not to extend the protections of anti-deficiency statutes support our decision not to…”
JP Morgan Chase Bank, NA v. Green, 2008 WI App 78 (Wis. Ct. App. 2008). · cites it 20× “JP Morgan's argument that a purchaser may not move for confirmation of a sale is based on its construction of Wis. Stat. §§ 846.165 and 846.18. Section 846.”
GMAC Mortg. Corp. v. Gisvold, 572 N.W.2d 466 (Wis. 1998). · cites it 14× “We also conclude that Wis. Stat. § 846.165 contemplates notice to the purchaser at a foreclosure sale of when the sale is confirmed, when the mortgagor's redemption period ends, and when the purchaser's ten-day period for payment of the purchase price balance expires.”
Harbor Credit Union v. Samp, 2011 WI App 40 (Wis. Ct. App. 2011). · cites it 6× “Samp does not claim that Harbor or the court failed to meet or exceed the procedural requirements of Wis. Stat. § 846.165 (1) 9 in noticing or conducting the confirmation hearing.”
Bank of New York v. Mills, 2004 WI App 60 (Wis. Ct. App. 2004). · cites it 5× “The language of Wis. Stat. § 846.165 (2) that "no sale shall be confirmed and judgment for deficiency rendered until the court is satisfied that the fair value of the premises sold has been credited on the mortgage debt, interest and costs" has been interpreted by the supreme…”
Wells Fargo Bank, N.A. v. Biba, 2010 WI App 140 (Wis. Ct. App. 2010). · cites it 25× “In May 2009, without a hearing, the circuit court issued an order confirming the sale. About three weeks later, Biba moved the circuit court to vacate the confirmation order.”
Nancy & Stjepan Sostaric v. Sally Marshall, 766 S.E.2d 396 (W. Va. 2014). · cites it 2× “060 (“fair value”); Wis. Stat. Ann. § 846.165 (“fair value”).”
Crown Life Ins. v. LaBonte, 330 N.W.2d 201 (Wis. 1983). · cites it 2× “" [5] Sec. 846.165(2), Stats., provides: "(2) In case the mortgage premises sell for less than the amount due and to become due on the mortgage debt and costs of sale, there shall be no presumption that such premises sold for their fair value and no sale shall be confirmed and…”
Fam. Sav. & Loan Ass'n v. Barkwood Landscaping Co., 286 N.W.2d 581 (Wis. 1980). · cites it 3× “Sec. 846.165(2), Stats., 5 requiring that the premises be sold for their fair value, protects the interests of subordinate lien claimants.”
M&I Marshall & Ilsley Bank v. KAZIM Inv., INC., 2004 WI App 13 (Wis. Ct. App. 2003). · cites it 5× “See Wis. Stat. § 846.165 . ¶ 3. At the confirmation hearing, Assistant City Attorney David Halbrooks, appearing on behalf of the City to offer information regarding the City's nuisance action, observed that Resnant was a "white knight" coming in to take over a problem property.”
First Bank v. Fischer & Frichtel, Inc., 364 S.W.3d 216 (Mo. 2012). “060 (West 2012); Wis. Stat. Ann. § 846.165 (West 2012).”
Show all 29 citing cases →
— Wis. Stat. § 846.165(1) — 3 cases
Wells Fargo Bank, N.A. v. Biba, 2010 WI App 140 (Wis. Ct. App. 2010). “In May 2009, without a hearing, the circuit court issued an order confirming the sale. About three weeks later, Biba moved the circuit court to vacate the confirmation order.”
Horizon Bank, Nat'l Ass'n v. Marshalls Point Retreat LLC, 908 N.W.2d 797 (Wis. 2018). “2 Wis. Stat. § 846.165 provides in relevant part: (1) No sale on a judgment of mortgage foreclosure shall be confirmed unless 5 days' notice has been given to all parties that have appeared in the action.”
First Fin. Sav. Ass'n v. Spranger, 456 N.W.2d 897 (Wis. Ct. App. 1990).
— Wis. Stat. § 846.165(2) — 12 cases
Bank Mut. v. S.J. Boyer Constr., Inc., 2010 WI 74 (Wis. 2010). “103(2) seeks to prevent unjust enrichment of the mortgagee, as this purpose is already served by the fair value requirement of Wis. Stat. § 846.165 (2). [21] Thus, the decisions of other states not to extend the protections of anti-deficiency statutes support our decision not to…”
Crown Life Ins. v. LaBonte, 330 N.W.2d 201 (Wis. 1983). “" [5] Sec. 846.165(2), Stats., provides: "(2) In case the mortgage premises sell for less than the amount due and to become due on the mortgage debt and costs of sale, there shall be no presumption that such premises sold for their fair value and no sale shall be confirmed and…”
Fam. Sav. & Loan Ass'n v. Barkwood Landscaping Co., 286 N.W.2d 581 (Wis. 1980). “Sec. 846.165(2), Stats., 5 requiring that the premises be sold for their fair value, protects the interests of subordinate lien claimants.”
Horizon Bank, Nat'l Ass'n v. Marshalls Point Retreat LLC, 908 N.W.2d 797 (Wis. 2018). “2 Wis. Stat. § 846.165 provides in relevant part: (1) No sale on a judgment of mortgage foreclosure shall be confirmed unless 5 days' notice has been given to all parties that have appeared in the action.”
Horicon State Bank v. Kant Lumber Co., Inc., 478 N.W.2d 26 (Wis. Ct. App. 1991).
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