An action for the foreclosure of a mortgage upon which there shall be due any interest or any installment of the principal and there shall be other installments to become due shall be dismissed upon the defendant’s bringing into court, before judgment, the principal and interest due, with the costs. If after judgment is entered in such case the defendant shall bring into court the principal and interest due, with the costs, proceedings on the judgment shall be stayed; but the court may enforce the judgment by a further order, upon a subsequent default in the payment of any installment of the principal, or of any interest thereafter to grow due.
846.05.Foreclosure for nonpayment of installment.
Ch. 846: Real Estate Foreclosure · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 846.05 requires dismissal of a foreclosure filed over a missed installment or interest payment if the defendant brings the amount then due, plus costs, into court before judgment, and it lets a defendant stay enforcement of an already-entered judgment the same way.
Full Text of Section 846.05
Plain-English Summary
Section 846.05 addresses a mortgage foreclosure brought because the borrower missed an interest payment or an installment of principal, while other installments still have not come due. In that situation, the borrower does not have to pay off the whole mortgage to stop the case. Bringing the principal and interest then due, along with the costs of the action, into court before judgment is entered gets the action dismissed.
If judgment has already been entered by the time the borrower comes up with the money, the fix is not dismissal but a stay: bringing in the principal, interest, and costs due halts any further proceedings to enforce that judgment. That stay is not permanent protection, though. If the borrower defaults again, on a later installment or on interest that comes due afterward, the court can enforce the existing judgment through a further order rather than starting a new lawsuit from scratch.
Frequently Asked Questions
Can I stop a Wisconsin foreclosure by paying only what is past due, instead of the whole mortgage?
Yes, if the case involves a missed interest or installment payment with more installments still to come due. Bringing the principal and interest then due, plus costs, into court before judgment gets the action dismissed.
What if I do not come up with the money until after judgment is already entered?
The judgment is not undone, but proceedings to enforce it are stayed once you bring in the principal, interest, and costs due.
Does the stay protect me permanently if I default again later?
No. Section 846.05 lets the court enforce the judgment by a further order if there is a later default in an installment of principal or in interest that comes due afterward.
What exactly do I have to pay into court to get the case dismissed?
The principal and interest due at that point, along with the costs of the action, not the entire remaining mortgage balance.
Does this section apply if the entire mortgage balance has already come due?
It is written for cases where interest or an installment is due while other installments are still to become due, so it addresses a partial default rather than a fully matured debt.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.05; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.05.
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 foreclosure dismissed for paying past due amountcuring mortgage default before judgment wisconsin846.05 wisconsin statutestay foreclosure judgment installment default wisconsin