If, in the case mentioned in s. 846.06, there shall be any default subsequent to judgment in the payment of any installment or of any interest due upon such mortgage the court may, upon petition of the plaintiff, direct a sale of enough of the mortgaged premises, to be made under the judgment, to satisfy the amount due, with the costs of such petition and the proceedings thereon; and like proceedings shall be had as often as a default shall happen.
846.07.Order of sale for other defaults.
Ch. 846: Real Estate Foreclosure · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 846.07 lets a plaintiff who already holds a parcel-sale judgment under Section 846.06 petition the same court for an order selling more of the property whenever the borrower defaults again, without filing a new lawsuit.
Full Text of Section 846.07
Plain-English Summary
Section 846.07 is the mechanism that makes Section 846.06’s parcel-sale approach workable over time. Once a court has entered a judgment directing sale of only enough parcels to cover what was then due, a later default, in an installment or in interest that comes due after that judgment, does not require the plaintiff to sue all over again.
Instead, the plaintiff petitions the court, and the court can direct a sale of enough of the remaining mortgaged premises to cover the amount now due, along with the costs of that petition and the proceedings on it. The section makes clear this can repeat: the same proceedings apply as often as a default happens, so the original judgment keeps functioning as ongoing security through successive petitions.
Frequently Asked Questions
If I default again after a parcel-sale foreclosure judgment, does the lender have to file a whole new lawsuit?
No. Section 846.07 lets the plaintiff petition the court that entered the original judgment for an order directing sale of enough of the remaining premises to cover the new default.
What does the plaintiff have to do to get more of the property sold after a later default?
File a petition with the court; the court may then direct a sale of enough of the mortgaged premises to satisfy the amount due, plus the costs of the petition and the proceedings on it.
Can this process happen more than once on the same mortgage?
Yes. Section 846.07 says like proceedings are to be had as often as a default happens.
Does the court hold a new trial each time there is a new default?
The section describes a petition process under the existing judgment rather than a fresh lawsuit, keeping the case tied to the original foreclosure action.
What triggers this section instead of a brand-new foreclosure filing?
A default, after judgment, in payment of an installment or of interest, on a mortgage already handled through the parcel-sale process in Section 846.06.
Amendment History
History: 1973 c. 189 ss. 7, 20; Stats. 1973 s. 816.07; Sup. Ct. Order, 67 Wis. 2d 585, 768, 783 (1975); Stats. 1975 s. 846.07.
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 repeated default parcel salepetition for additional sale after foreclosure judgment wisconsin846.07 wisconsin statutesubsequent default mortgage foreclosure wisconsin