(1) In an action for enforcement of a mortgage lien, and upon motion of the plaintiff or the city, town, village, or county where the mortgaged premises are located, if the court makes an affirmative finding upon proper evidence being submitted that the mortgaged premises have been abandoned by the mortgagor and the mortgagor’s assigns, judgment shall be entered as provided in sub. (3). In this section, “abandoned” means the relinquishment of possession or control of the mortgaged premises whether or not the mortgagor or the mortgagor’s assigns have relinquished equity and title.
846.102.Abandoned premises.
Ch. 846: Real Estate Foreclosure · Last amended 2017 · Last verified July 15, 2026
In one sentenceSection 846.102 lets a court find mortgaged premises abandoned based on listed physical and safety indicators, and then requires the foreclosure plaintiff to sell the property or release the lien within 12 months of judgment, or face a petition to compel a sale.
Full Text of Section 846.102
(2) In addition to the parties to the action to enforce a mortgage lien, a representative of the city, town, village, or county where the mortgaged premises are located may provide testimony or evidence to the court under sub. (1) relating to whether the premises have been abandoned by the mortgagor. In determining whether the mortgaged premises have been abandoned, the court shall consider the totality of the circumstances, including the following:
(a) Boarded, closed, or damaged windows or doors to the premises.
(b) Missing, unhinged, or continuously unlocked doors to the premises.
(c) Terminated utility accounts for the premises.
(d) Accumulation of trash or debris on the premises.
(e) At least 2 reports to law enforcement officials of trespassing, vandalism, or other illegal acts being committed on the premises.
(f) Conditions that make the premises unsafe or unsanitary or that make the premises in imminent danger of becoming unsafe or unsanitary.
(3) (a) If the court finds that the mortgaged premises have been abandoned under sub. (1), judgment shall be entered as provided in s. 846.10, except that the plaintiff shall, no later than 12 months from the date when the judgment is entered, do one of the following: 1. Hold a sale of the mortgaged premises and have the sale confirmed under s. 846.16 (2m). Any sale of the mortgaged premises may be held at any time after the expiration of 5 weeks 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 at any time within the 12-month period. 2. Release or satisfy the mortgage lien and vacate the judgment of foreclosure. If the plaintiff presents evidence that the mortgage lien has been released or satisfied and requests that the judgment of foreclosure be vacated, the court shall vacate the judgment of foreclosure with prejudice. (b) If, 12 months after the date when the judgment is entered, the plaintiff has not completed an action under par. (a) 1. or 2., any party to the action or the city, town, village, or county where the mortgaged premises are located may petition the court for an order compelling a sale of the mortgaged premises. Foreclosures in Limbo: Zombie Properties. Payne & Decker. Wis. Law. Oct. 2015.
Plain-English Summary
Section 846.102 addresses foreclosures on property the mortgagor has walked away from. On motion of the plaintiff or the city, town, village, or county where the property sits, if the court finds the mortgaged premises abandoned, meaning the mortgagor and their assigns relinquished possession or control, whether or not they also gave up equity or title, judgment is entered under subsection (3).
To help the court decide, a representative of the local government may testify, and the court weighs the totality of the circumstances, including boarded, closed, or damaged windows or doors; missing, unhinged, or continuously unlocked doors; terminated utility accounts; accumulated trash or debris; at least two police reports of trespassing, vandalism, or other illegal acts on the premises; and conditions that make the premises unsafe or unsanitary, or in imminent danger of becoming so.
Once the court makes that finding, judgment follows Section 846.10’s usual rules, but the plaintiff has only 12 months from the judgment date to do one of two things: hold the sale and get it confirmed, which can happen as soon as 5 weeks after judgment with notice given any time within the 12-month window, or release or satisfy the mortgage lien and have the judgment of foreclosure vacated with prejudice. If the plaintiff has not done either within 12 months, any party to the action, or the city, town, village, or county, can petition the court for an order compelling a sale.
Frequently Asked Questions
What counts as an abandoned property under this Wisconsin foreclosure section?
Relinquishing possession or control of the mortgaged premises, whether or not the mortgagor and their assigns also relinquished equity and title.
Who can ask the court to find that a foreclosed property has been abandoned?
The plaintiff, or the city, town, village, or county where the mortgaged premises are located, by motion.
What evidence does the court look at to decide whether a house has been abandoned?
The totality of the circumstances, including boarded or damaged windows and doors, missing or unlocked doors, terminated utilities, accumulated trash or debris, at least two police reports of trespassing or vandalism, and unsafe or unsanitary conditions.
How fast can an abandoned property be sold compared to a normal foreclosure?
The sale can be held as soon as 5 weeks after judgment, though the plaintiff has up to 12 months overall to complete a sale or release the lien.
What happens if the plaintiff does nothing for 12 months after winning judgment on an abandoned property?
Any party to the action, or the city, town, village, or county, can petition the court for an order compelling a sale.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 768, 783 (1975); 1975 c. 41 s. 52; 1975 c. 199; Stats. 1975 s. 846.102; 1977 c. 304; 2011 a. 136; 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
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