If there shall be any surplus paid into court by the sheriff or referee, any party to the action or any person not a party who had a lien on the mortgaged premises at the time of sale, may file with the clerk of court into which the surplus was paid, a notice stating that the party or person is entitled to such surplus money or some part thereof, together with the nature and extent of the party’s or person’s claim. The court shall determine the rights of all persons in such surplus fund by reference or by testimony taken in open court, but no such hearing shall be had in court or before a referee except upon 8 days’ notice to all persons that have appeared in the action or filed notice of claim to such surplus money. If any such claimant shall not have appeared by attorney, notice of such hearing may be served by mail directed to the claimant at the place of the claimant’s residence as stated in the claimant’s notice of claim.
846.162.Disposition of surplus.
Ch. 846: Real Estate Foreclosure · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 846.162 lets any party or non-party lienholder claim a share of surplus funds left over after a Wisconsin foreclosure sale, with the court resolving competing claims after 8 days’ notice to everyone who appeared or filed a claim.
Full Text of Section 846.162
Plain-English Summary
Section 846.162 addresses what happens once a foreclosure sale brings in more money than needed to pay off the debt and costs, and that surplus is paid into court. Any party to the action, or any non-party who had a lien on the mortgaged premises at the time of sale, can file notice with the clerk of the court holding the surplus, stating a claim to the money, or part of it, along with the nature and extent of that claim.
The court then determines everyone’s rights in the surplus fund, either by reference or by testimony taken in open court, but not until 8 days’ notice of the hearing has gone out to everyone who has appeared in the action or filed a claim to the surplus. A claimant who has not appeared through an attorney can get that notice by mail, sent to the address given in their own claim notice.
Frequently Asked Questions
What happens to money left over after a Wisconsin foreclosure sale pays off the debt?
It is paid into court as a surplus, and the court resolves who is entitled to it.
Who can claim a share of the surplus from a foreclosure sale?
Any party to the action, or a non-party who had a lien on the mortgaged premises at the time of the sale.
How do I stake a claim to foreclosure sale surplus funds?
By filing notice with the clerk of the court holding the surplus, stating that you are entitled to it, or part of it, along with the nature and extent of your claim.
How does the court decide who gets the surplus if more than one person claims it?
By reference or by testimony taken in open court, to determine the rights of all persons claiming the surplus fund.
How much notice do I get before a hearing on the surplus funds?
8 days’ notice, to everyone who has appeared in the action or filed a claim, sent by mail if the claimant has not appeared by an attorney.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.162; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.162; 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 foreclosure surplus funds claim846.162 wisconsin statuteexcess proceeds foreclosure sale wisconsinclaiming leftover money after foreclosure wisconsin