The amount adjudged due shall draw interest at the rate provided to be paid on the mortgage debt, but shall not exceed the minimum rate prevailing immediately prior to the default on which the foreclosure is based, until the date of sale or payment, and all the installments which shall become due after the date of such judgment shall draw interest at the same rate from the time the same become due. The judgment may enjoin the defendants and all persons claiming under them from committing waste or doing any act that may impair the value of the mortgaged premises.
846.12.Interest; waste.
Ch. 846: Real Estate Foreclosure · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 846.12 sets the interest rate that runs on a Wisconsin foreclosure judgment until sale or payment, capped at the minimum rate prevailing right before the default, and lets the judgment enjoin waste or any act that would reduce the property’s value.
Full Text of Section 846.12
Plain-English Summary
Section 846.12 fixes how interest accrues on a foreclosure judgment. The amount adjudged due draws interest at the rate the mortgage debt itself calls for, but that rate cannot exceed the minimum rate that was prevailing right before the default that led to the foreclosure. That interest runs until the date of sale or payment. Installments that become due after the judgment draw interest at the same rate, starting from when each one comes due.
The section also gives the judgment a protective feature separate from the money owed. It may enjoin the defendants, and anyone claiming property rights under them, from committing waste or doing anything that would impair the value of the mortgaged premises while the case runs its course.
Frequently Asked Questions
What interest rate applies to a Wisconsin foreclosure judgment?
The rate the mortgage debt calls for, capped at the minimum rate that was prevailing immediately before the default on which the foreclosure is based.
Does interest keep accruing after judgment until the property sells?
Yes, the amount adjudged due draws interest until the date of sale or payment.
What about installments that are not due yet at the time of judgment?
They draw interest at the same rate, starting from the time each one becomes due.
Can a Wisconsin court stop a defendant from damaging the property while the foreclosure is pending?
Yes, the judgment may enjoin the defendants, and anyone claiming under them, from committing waste or doing any act that would impair the property’s value.
Does the waste injunction reach people other than the named defendant?
Yes, it can cover all persons claiming property rights under the defendants, not just the defendants themselves.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.12; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.12.
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 interest ratewaste injunction mortgage foreclosure wisconsin846.12 wisconsin statuteinterest on deficiency judgment wisconsin