(1) If the plaintiff recovers the judgment shall describe the mortgaged premises and fix the amount of the mortgage debt then due and also the amount of each installment thereafter to become due, and the time when it will become due, and whether the mortgaged premises can be sold in parcels and whether any part thereof is a homestead, and shall adjudge that the mortgaged premises be sold for the payment of the amount then due and of all installments which shall become due before the sale, or so much thereof as may be sold separately without material injury to the parties interested, and be sufficient to pay such principal, interest and costs; and when demanded in the complaint, direct that judgment shall be rendered for any deficiency against the parties personally liable and, if the sale is to be by referee, the referee must be named therein.
846.10.Foreclosure.
Ch. 846: Real Estate Foreclosure · Last amended 2017 · Last verified July 15, 2026
In one sentenceSection 846.10 spells out what a Wisconsin foreclosure judgment must contain, sets tiered waiting periods before the sale based on when the mortgage was signed and what kind of property is involved, and covers how sale proceeds, surplus funds, and later advances are handled.
Full Text of Section 846.10
(2) (a) Any party may become a purchaser. Except for a sale under s. 846.101 or 846.102 and except as provided in pars. (b) and (c), no sale involving a one-family to 4-family residence that is owner-occupied at the commencement of the foreclosure action, a farm, a church, or a tax-exempt nonprofit charitable organization may be held except as follows: 1. If the mortgage was executed before April 27, 2016, upon the expiration of 12 months from the date when the judgment is entered. Notice of the time and place of sale shall be given under s. 846.16 (1) and may be given within the 12-month period, except that the first printing of the notice shall not be made less than 10 months after the date when the judgment is entered, and except that the sale of a farm shall not be made or advertised until the expiration of one year from the date when the judgment is entered. 2. If the mortgage was executed on or after April 27, 2016: a. Except as provided in subd. 2. b., upon the expiration of 6 months from the date when the judgment is entered. Notice of the time and place of sale shall be given under s. 846.16 (1) and may be given within the 6-month period, except that the first printing of the notice shall not be made less than 4 months after the date when the judgment is entered, and except that the sale of a farm shall not be made or advertised until the expiration of 6 months from the date when the judgment is entered. b. Upon motion of the mortgagor before judgment is entered, if the court finds that the mortgagor is attempting in good faith to sell the mortgaged premises and has entered into a listing agreement with a real estate broker licensed under ch. 452 to sell the mortgaged premises, upon the expiration of 8 months from the date when the judgment is entered. Notice of the time and place of sale shall be given under s. 846.16 (1) and may be given within the 8-month period, except that the first printing of the notice shall not be made less than 6 months after the date when the judgment is entered, and except that the sale of a farm shall not be made or advertised until the expiration of 8 months from the date when the judgment is entered. (b) In all cases the parties may, by stipulation filed with the clerk, consent to an earlier sale. (c) Sales under foreclosure of mortgages given by any railroad corporation may be made immediately after the rendition of the judgment.
(3) The proceeds of every sale shall be applied to the discharge of the debt adjudged to be due and the costs awarded; and if there shall be any surplus it shall be subject to the order of the court. If any surplus remains in the court for 3 months, without being applied for, the court shall direct the same to be put out at interest for the benefit of the party entitled thereto to be paid to the party upon the order of such court.
(4) The court may order in the judgment of foreclosure that all sums advanced by the plaintiff for insurance, necessary repairs and taxes not included in the judgment may be added to the judgment by order at any time after the entry thereof.
Plain-English Summary
Section 846.10 is the core mortgage foreclosure judgment provision. The judgment has to describe the mortgaged premises, fix the amount currently due along with each future installment and when it comes due, state whether the premises can be sold in parcels and whether any part is a homestead, and order the sale of enough of the property to cover the principal, interest, and costs. If a deficiency judgment was demanded in the complaint, the judgment addresses that too, and if a referee will conduct the sale, the referee has to be named.
Any party may bid at the sale, but the section builds in a waiting period keyed to when the mortgage was signed and what kind of property is at stake. For an owner-occupied one-family to four-family residence, a farm, a church, or a tax-exempt nonprofit charity, outside the special tracks in Sections 846.101 and 846.102, a mortgage signed before April 27, 2016, carries a 12-month wait after judgment before the sale, with the first notice printing no earlier than 10 months in, and a farm sale delayed a full year. A mortgage signed on or after that date gets a shorter default wait of 6 months, with first printing no earlier than 4 months in. Parties can always stipulate to an earlier sale, and mortgages given by a railroad corporation can be sold immediately after judgment.
Sale proceeds go first to the debt and costs awarded. Anything left over is a surplus subject to the court’s order, and if it sits unclaimed for 3 months, the court has it put out at interest for the benefit of whoever is entitled to it.
The court is not limited to what was known at judgment. It can later order, by a further order at any time after entry of the judgment, that sums the plaintiff advanced for insurance, necessary repairs, and taxes, that were not already included, be added to the judgment.
Frequently Asked Questions
What has to be in a Wisconsin foreclosure judgment?
A description of the mortgaged premises, the amount currently due and each future installment and when it comes due, whether the premises can be sold in parcels, whether any part is a homestead, an order directing the sale, deficiency language if it was demanded, and the referee’s name if a referee will conduct the sale.
How long does a lender have to wait to sell my house after winning a foreclosure judgment?
It depends on when the mortgage was signed. For an owner-occupied one-family to four-family home, farm, church, or nonprofit charity, a mortgage signed before April 27, 2016, carries a 12-month wait; one signed on or after that date carries a default 6-month wait.
Can I get more time before the sale by trying to sell my own home first?
For mortgages signed on or after April 27, 2016, yes: a motion before judgment showing you are attempting in good faith to sell, backed by a listing agreement with a licensed real estate broker, extends the wait to 8 months.
Can the parties agree to hold the sale sooner than the statutory wait?
Yes, in all cases the parties may consent to an earlier sale by stipulation filed with the clerk.
Can a lender add repair or insurance costs to the judgment after it is already entered?
Yes, the court may order sums the plaintiff advanced for insurance, necessary repairs, and taxes, not already included in the judgment, added to it by a later order.
Amendment History
History: 1973 c. 189 ss. 7, 20; Stats. 1973 s. 816.10; Sup. Ct. Order, 67 Wis. 2d 585, 768, 783 (1975); Stats. 1975 s. 846.10; 1977 c. 304; 1993 a. 486; 2015 a. 376; 2017 a. 104, 208.
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 judgment requirementshow long before house sold after foreclosure judgment wisconsin846.10 wisconsin statuteforeclosure sale waiting period wisconsinadding repairs to foreclosure judgment wisconsin