No sale on a judgment of mortgage foreclosure shall be confirmed unless 5 days’ notice has been given to all parties that have appeared in the action. Such notice shall be given either personally or by registered mail directed to the last-known post-office address, mailed at least 5 days prior to the date when the motion for confirmation is to be heard, if any post-office address is known; if not known, mailing may be dispensed with but an affidavit shall be filed with the court stating that the address is not known, and the notice shall state, in addition to other matter required by law, the amount of the judgment, the amount realized upon the sale, the amount for which personal judgment will be sought against the several parties naming them, and the time and place of hearing.
846.165.Application for confirmation of sale and for deficiency judgment.
Ch. 846: Real Estate Foreclosure · Last amended 2017 · Last verified July 15, 2026
In one sentenceSection 846.165 requires 5 days’ notice to every party who has appeared before a Wisconsin court can confirm a foreclosure sale, and that notice must disclose the judgment amount, the sale proceeds, and the amount of any personal deficiency judgment being sought.
Full Text of Section 846.165
Official Notes
Cross-reference: For tardy confirmation of sale, after 6 years, see s. 846.18.
Plain-English Summary
Section 846.165 puts a notice requirement in front of confirmation. No sale on a foreclosure judgment can be confirmed unless every party who has appeared in the action gets 5 days’ notice, given either personally or by registered mail to their last-known address, mailed at least 5 days before the confirmation hearing. If no address is known, mailing can be skipped, but the court needs an affidavit on file stating that the address is not known.
The notice itself has to do more than announce a hearing date. It must state the amount of the judgment, the amount realized on the sale, the amount of personal judgment that will be sought and against which named parties, and the time and place of the hearing, so anyone facing a deficiency judgment knows it is coming and can respond.
Frequently Asked Questions
Do I get advance notice before a Wisconsin court confirms a foreclosure sale?
Yes, 5 days’ notice to every party who has appeared in the action, given personally or by registered mail.
What if the lender does not know my current address?
Mailing can be skipped, but an affidavit stating the address is not known has to be filed with the court.
Does the confirmation notice tell me if the lender is seeking a deficiency judgment against me personally?
Yes, it must state the amount of personal judgment that will be sought and name the parties it will be sought against.
What does the confirmation notice have to say about the sale itself?
The amount of the original judgment and the amount realized on the sale.
How far in advance is the confirmation notice mailed?
At least 5 days before the date set for hearing the motion to confirm.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.165; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.165; 2017 a. 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 confirmation notice requirement846.165 wisconsin statutenotice before deficiency judgment wisconsin5 day notice foreclosure sale confirmation wisconsin