Any person having a junior lien upon the mortgaged premises or any part thereof or interest therein, may, at any time before such sale, pay to the clerk of court, or the plaintiff or the plaintiff’s assignee, the amount of such judgment, taxes, interest and costs, and costs subsequent to judgment, and shall thereupon be subrogated to all the rights of the plaintiff as to such judgment.
846.15.Plaintiff’s rights acquired by junior lienor.
Ch. 846: Real Estate Foreclosure · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 846.15 lets a junior lienholder pay off a senior foreclosure judgment before the sale and become subrogated to the plaintiff’s rights under that judgment.
Full Text of Section 846.15
Plain-English Summary
Section 846.15 gives a junior lienholder, someone with a lien on the mortgaged premises, or on part of them, or on an interest in them, that ranks behind the plaintiff’s mortgage, a way to step into the plaintiff’s position. At any time before the sale, that junior lienholder can pay the clerk of court, or the plaintiff, or the plaintiff’s assignee, the full amount of the judgment, taxes, interest, costs, and any costs incurred after judgment.
Once paid, the junior lienholder is subrogated to all of the plaintiff’s rights as to that judgment, effectively taking over the senior position it just paid off.
Frequently Asked Questions
If I hold a junior lien on foreclosed property, can I pay off the senior judgment myself?
Yes, at any time before the sale, by paying the clerk of court, the plaintiff, or the plaintiff’s assignee.
What do I have to pay to take over the plaintiff’s position under the judgment?
The full amount of the judgment, taxes, interest, costs, and any costs incurred after the judgment.
What do I get after paying off the senior foreclosure judgment?
Subrogation to all of the plaintiff’s rights as to that judgment.
Does paying off the senior judgment change my priority as a lienholder?
In effect, yes, since being subrogated to the plaintiff’s rights under the judgment gives the junior lienholder the plaintiff’s former position.
Who can I pay to exercise this right?
The clerk of court, the plaintiff, or the plaintiff’s assignee.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.15; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.15; 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 junior lienholder pay off senior mortgagesubrogation foreclosure judgment wisconsin846.15 wisconsin statutesecond lien holder rights foreclosure wisconsin