In any action for the foreclosure of a mortgage, at any time after judgment and before a sale pursuant thereto, the plaintiff may be granted leave to amend the summons, complaint and all the proceedings in the action by making as defendant any person who is a proper or necessary party thereto. Such person so made a party shall be served with the summons in like manner as if originally a party, and may answer and defend, and all matters and proceedings as to the person shall be had and taken in like manner as if the person had been originally made a party thereto. After such person has been thus made a party and served, and the person’s rights adjudicated upon, the original judgment may be so amended as to bar and foreclose the person thereby, or to make any provisions in regard to the person’s rights and interests in like manner as it could have done had the person been made originally a party.
846.09.Amendments as to parties; process and pleading.
Ch. 846: Real Estate Foreclosure · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 846.09 lets a foreclosure plaintiff, any time after judgment and before the sale, get leave to amend the case to add a missed but proper or necessary party, who is served and may defend as if originally named, with the judgment later amended to bind that person.
Full Text of Section 846.09
Plain-English Summary
Section 846.09 gives a foreclosure plaintiff a way to fix a missing-party problem without starting over. At any point after judgment and before the sale takes place under that judgment, the plaintiff can get leave to amend the summons, the complaint, and the rest of the proceedings to add anyone who is a proper or necessary party to the case.
The newly added person is served with a summons the same way an original party would be, and can answer and defend just as if they had been part of the case from the start. All the matters and proceedings involving that person move forward on that same footing.
Once that person has been made a party, served, and had their rights adjudicated, the original judgment can be amended to bar and foreclose them, or otherwise address their rights and interests, exactly as the court could have done had they been an original party.
Frequently Asked Questions
Can a lender add a party it missed after a Wisconsin foreclosure judgment has already been entered?
Yes. Section 846.09 allows the plaintiff to get leave to amend the summons, complaint, and proceedings to add a proper or necessary party any time after judgment and before the sale.
How does the newly added party get brought into the case?
They are served with the summons in the same way as if they had originally been a party.
Does the newly added party get a chance to fight the case?
Yes, they may answer and defend, and all matters and proceedings as to them are handled as if they had been an original party.
What happens to the judgment once the added party’s rights are decided?
The original judgment may be amended to bar and foreclose that person, or to address their rights and interests, the same way it could have if they had been included from the start.
Is there a deadline for adding a missed party this way?
Yes, it has to happen after judgment and before the sale that takes place under that judgment.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.09; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.09; 1993 a. 486.
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 adding party after foreclosure judgmentamend foreclosure complaint missed defendant wisconsin846.09 wisconsin statutenecessary party foreclosure action wisconsin