(1) Except as provided in sub. (2), in actions for the foreclosure of mortgages upon real estate, if the plaintiff recover, the court shall render judgment of foreclosure and sale, as provided in this chapter, of the mortgaged premises or so much of the premises as may be sufficient to pay the amount adjudged to be due upon the mortgage and obligation secured by the mortgage, with costs.
846.01.Foreclosure judgment.
Ch. 846: Real Estate Foreclosure · Last amended 1997 · Last verified July 15, 2026
In one sentenceSection 846.01 requires the court to render a judgment of foreclosure and sale when the plaintiff prevails in a mortgage foreclosure action, but bars entering that judgment until 20 days after the lis pendens has been filed.
Full Text of Section 846.01
(2) A judgment of foreclosure and sale shall not be entered until 20 days after the lis pendens has been filed.
Official Notes
Cross-reference: See s. 840.10 as to requirement of filing of lis pendens.
Plain-English Summary
Section 846.01 opens chapter 846’s foreclosure provisions with the basic judgment rule. Except as provided in subsection (2), if the plaintiff recovers in an action for the foreclosure of a mortgage on real estate, the court shall render judgment of foreclosure and sale, as the chapter provides, of the mortgaged premises — or as much of the premises as is sufficient — to pay the amount adjudged due on the mortgage and the underlying obligation, along with costs.
Subsection (2) adds a mandatory waiting period: a judgment of foreclosure and sale shall not be entered until 20 days after the lis pendens has been filed. That delay gives notice time to work — the lis pendens alerts anyone dealing with the property that a foreclosure action is pending, and the 20-day gap ensures that notice has been on file for a meaningful stretch before the court finalizes the foreclosure judgment.
Frequently Asked Questions
If a lender wins a mortgage foreclosure case, what judgment does the court enter?
Section 846.01(1) requires the court to render a judgment of foreclosure and sale of the mortgaged premises, or enough of the premises to pay the amount adjudged due on the mortgage and obligation, with costs.
Is there a waiting period before a foreclosure judgment can be entered?
Yes. Section 846.01(2) bars entry of a judgment of foreclosure and sale until 20 days after the lis pendens has been filed.
Why does the judgment reference the lis pendens filing?
The lis pendens gives public notice that the foreclosure action is pending; Section 846.01(2) requires that notice to have been on file for 20 days before the court can enter the foreclosure judgment.
Does the foreclosure judgment always cover the entire mortgaged property?
Not necessarily. Section 846.01(1) allows judgment for the sale of the mortgaged premises or so much of the premises as may be sufficient to pay the amount due, with costs.
Does this section cover the amount owed on the underlying loan, or just the mortgage instrument itself?
Both. Section 846.01(1) directs the judgment to cover the amount adjudged due on the mortgage and the obligation secured by the mortgage.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.01; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.01; 1997 a. 254.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin mortgage foreclosure judgment20 day lis pendens foreclosure wisconsinforeclosure and sale judgment wisconsin846.01 foreclosure judgment