In all cases where a mortgage foreclosure sale has been made but not confirmed and the purchaser or the purchaser’s successor or assign has taken possession of the land by virtue of said sale, and occupied it for 6 years from and after said sale, the purchaser may apply for and the court may enter an order confirming said foreclosure sale with the same force and effect as if said confirmation was made as otherwise provided by law.
846.18.Tardy confirmation of sale.
Ch. 846: Real Estate Foreclosure · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 846.18 lets a Wisconsin court confirm a foreclosure sale that was never formally confirmed if the purchaser, or their successor or assign, took possession by virtue of that sale and occupied the property for 6 years afterward.
Full Text of Section 846.18
Plain-English Summary
Section 846.18 fixes foreclosure sales that fell through the cracks on confirmation. If a mortgage foreclosure sale took place but was never confirmed, and the purchaser, or the purchaser’s successor or assign, took possession of the land because of that sale and occupied it for 6 years afterward, the purchaser can apply for an order confirming the sale at that point.
A confirmation order entered under this section carries the same force and effect as if it had been made the normal way at the time, curing the missing step after the fact once that 6 years of occupancy has run.
Frequently Asked Questions
What if a Wisconsin foreclosure sale happened but the court never formally confirmed it?
The purchaser can later apply to have it confirmed under Section 846.18, once enough time has passed.
How long does the purchaser need to have possessed the property for tardy confirmation to apply?
6 years of occupancy from the date of the sale.
Does a purchaser’s successor or assign also qualify, or only the original purchaser?
The purchaser’s successor or assign qualifies too, not just the original purchaser.
Does a court order confirming a sale under this section work the same as a normal, timely confirmation?
Yes, it has the same force and effect as if the confirmation had been made as otherwise provided by law.
Does the purchaser have to show the possession was because of the foreclosure sale?
Yes, the section requires possession to have been taken by virtue of that sale.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.18; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.18; 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
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