If in the cases mentioned in s. 846.05 the defendant shall not, before judgment, bring into court the amount so due with costs the court before rendering judgment shall ascertain by reference or otherwise the situation of the mortgaged premises and whether they can be sold in parcels without injury to the interests of the parties; and if it shall appear that they can be so sold the judgment shall direct a sale in parcels, specifying them, or so much thereof as will be sufficient to pay the amount due for principal, interests and costs; and such judgment shall remain as security for any subsequent default.
846.06.Sale in parcels.
Ch. 846: Real Estate Foreclosure · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 846.06 requires a Wisconsin court, before entering judgment on an uncured installment default, to determine whether the mortgaged premises can be sold in parcels without hurting the parties, and if so, to order only enough parcels sold to cover what is owed.
Full Text of Section 846.06
Plain-English Summary
Section 846.06 picks up where Section 846.05 leaves off. If the borrower does not bring the past-due amount into court before judgment, the court has one more thing to figure out before it can order a sale: whether the mortgaged premises can be divided and sold in separate parcels without hurting the interests of the parties involved.
If the court finds parcel sale is workable, the judgment has to say so directly, specifying which parcels, or however much of the property, will be sold, sufficient to cover the principal, interest, and costs that are due. The whole property does not automatically go on the block.
The judgment does not disappear once that limited sale happens. It stays in place as security in case there is another default down the road, which is what lets the process in Section 846.07 work without starting a new lawsuit each time.
Frequently Asked Questions
Does a Wisconsin mortgage foreclosure always force the sale of the entire property?
Not necessarily. Before entering judgment, the court has to ascertain whether the mortgaged premises can be sold in parcels without injury to the parties, and if so, the judgment must direct a sale in parcels rather than the whole property.
What does the court have to determine before ordering a sale under this section?
The situation of the mortgaged premises and whether they can be sold in parcels without injury to the interests of the parties.
How much of the property gets sold if the court orders a sale in parcels?
Only the parcels, or so much of them, as will be sufficient to pay the amount due for principal, interest, and costs.
What happens to the part of the property that is not sold?
The judgment remains as security for any subsequent default, so the remaining land stays subject to the judgment.
What if the property cannot be divided without hurting the parties’ interests?
Section 846.08 addresses that situation directly, allowing the court to order a sale of the whole property instead.
Amendment History
History: 1973 c. 189 ss. 7, 20; Stats. 1973 s. 816.06; Sup. Ct. Order, 67 Wis. 2d 585, 768, 783 (1975); Stats. 1975 s. 846.06.
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 sale in parcelspartial sale of mortgaged property wisconsin846.06 wisconsin statuteselling only part of foreclosed property wisconsin