The circuit court of any county in which a mortgage, lien or charge is recorded may make an order discharging the mortgage, lien or charge of record on proof being made to the satisfaction of the court that the mortgage, lien or charge has been fully paid or satisfied and that the mortgagee or the owner of the lien or charge or his or her assignee is a corporation which has ceased to exist or which has no officer or agent in this state competent to discharge the same of record or that the mortgagee or the owner of the lien or charge or his or her assignee is a nonresident of the county where the mortgage, lien or charge is recorded, or is deceased, and in such case, that there is no administrator of the estate under the authority of this state. The register of deeds shall record the order or a copy thereof, certified by the clerk under the seal of the court, and the record shall have the same effect as the record of discharge by a mortgagee or owner of a lien or charge duly executed and acknowledged.
847.09.Discharge of mortgage or lien by court.
Ch. 847: Miscellaneous Real Estate Actions · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 847.09 lets a circuit court order a paid-off mortgage or lien discharged of record when the lienholder is a dissolved corporation with no competent agent, a nonresident of the recording county, or deceased without an administrator, giving that order the same effect as a discharge the lienholder signed.
Full Text of Section 847.09
Plain-English Summary
Section 847.09 provides a court-ordered way to clear a paid-off mortgage or lien from the record when the usual route, the lienholder signing a discharge, is not available. The circuit court in the county where the mortgage, lien, or charge is recorded can order it discharged on proof that it has been fully paid or satisfied, and that the mortgagee, or the owner of the lien or charge, or an assignee, is either a corporation that has ceased to exist or has no officer or agent in Wisconsin competent to discharge it, a nonresident of the county where it is recorded, or deceased with no administrator of the estate authorized under state law.
Once the court enters that order, the register of deeds records it, or a certified copy of it, and the recorded order has the same effect as a discharge duly executed and acknowledged by the mortgagee or lienholder.
Frequently Asked Questions
How do I clear a paid-off mortgage from the record if the lender no longer exists or cannot be found?
Petition the circuit court in the county where the mortgage is recorded for a discharge order, on proof of full payment plus the lienholder’s dissolution, nonresidence, or death without an administrator.
Does the lienholder have to sign anything for this kind of discharge to work?
No, that is the point of Section 847.09, it substitutes a court order when the lienholder cannot or will not sign a discharge.
What proof does the court need before ordering a discharge?
That the mortgage, lien, or charge has been fully paid or satisfied, and one of the listed reasons the lienholder cannot discharge it directly.
Where does the court’s discharge order get recorded?
With the register of deeds, who records the order or a certified copy of it.
Does a court-ordered discharge carry the same weight as one signed by the lienholder?
Yes, the recorded order has the same effect as a discharge duly executed and acknowledged by the mortgagee or owner of the lien or charge.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1977 c. 449.
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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