Question 1

Is Wisconsin a judicial or non-judicial foreclosure state?

Accepted Answer

Judicial. Under Wisconsin's real estate foreclosure chapter, a mortgage is foreclosed through a court action: if the lender wins, the court enters a judgment of foreclosure and sale, and the property is later sold by the sheriff or a referee and the sale must be confirmed by the court.

Question 2

What notice is required before a foreclosure sale in Wisconsin?

Accepted Answer

The lender must file a lis pendens (notice of the pending case), and a judgment of foreclosure and sale may not be entered until 20 days after it is filed. After judgment, the sheriff or referee must give notice of the time and place of the sale as provided by law (or as the court directs), including the property's street address and the amount of the judgment; for an internet-based sale, a written notice must be posted at least 3 weeks before the sale. The first printing of the sale notice may not be made until a set time after judgment (for example, at least 4 months after judgment where the waiting period is 6 months). Before the court confirms a sale, all parties who appeared in the case must get at least 5 days' notice of the confirmation hearing.

Question 3

How long does foreclosure take in Wisconsin?

Accepted Answer

After the foreclosure judgment, the sale of an owner-occupied 1- to 4-family home must wait: 12 months after judgment if the mortgage was signed before April 27, 2016; 6 months after judgment if signed on or after April 27, 2016 (8 months if, on the owner's motion before judgment, the court finds the owner is trying in good faith to sell the home through a listing with a licensed broker). Shorter waiting periods apply if the lender waives a deficiency judgment under Wis. Stat. § 846.101 (6 months for pre-April 27, 2016 mortgages; generally 3 months for later ones), and special rules apply to abandoned property.

Question 4

Can you stop a foreclosure by catching up on payments in Wisconsin?

Accepted Answer

The homeowner (or the homeowner's heirs, personal representatives or assigns) may redeem the property at any time before the sale by paying the clerk of court or the lender the amount of the judgment, interest, costs (including costs after judgment) and any taxes the lender paid after judgment, with interest.

Question 5

Is there a right of redemption after foreclosure in Wisconsin?

Accepted Answer

Wisconsin's redemption right runs before the sale, not after it: the homeowner may redeem at any time before the foreclosure sale by paying the full judgment amount, interest, costs and taxes paid by the lender. The waiting period between judgment and sale (see foreclosure_timeline) is the time available to redeem.

Question 6

Can the lender come after you for the rest of the loan after foreclosure in Wisconsin?

Accepted Answer

Yes, if requested. The lender may ask in its complaint for a deficiency judgment against every party personally liable for the debt; the deficiency is ordered in the original judgment and entered after the sale is confirmed. For an owner-occupied 1- to 4-family home (and certain other property) on 20 acres or less, if the borrower agreed in the mortgage, the lender may instead elect in its complaint to waive any deficiency, which shortens the waiting period before sale and lets the owner stay in possession until the sale is confirmed.

Question 7

Can an HOA foreclose on your home in Wisconsin?

Accepted Answer

Yes, for condominiums. Unpaid condominium assessments (with interest and actual collection costs) become a lien on the unit if a statement of condominium lien is filed with the clerk of circuit court within 2 years after the assessment is due. The association may foreclose the lien in the same manner, and subject to the same requirements, as a mortgage foreclosure, and may recover costs and actual attorney fees. A foreclosure action must be brought within 3 years after the lien statement is recorded, and only after 10 days' prior written notice to the unit owner by registered mail.

Question 8

What must a home seller disclose in Wisconsin?

Accepted Answer

Yes. Sellers of real property in Wisconsin (including condominium units), unless the transfer is exempt, must give the buyer a completed Real Estate Condition Report in the form set by statute (or the vacant land disclosure report for vacant land) no later than 10 days after accepting the purchase contract. Some sellers who have never lived in the property, such as personal representatives, are exempt.

Question 9

How do you get your home back after a tax sale in Wisconsin?

Accepted Answer

After the county issues a tax certificate for unpaid property taxes, anyone may redeem the land at any time before a tax deed is recorded by paying the county treasurer the unpaid taxes plus interest, penalty and other authorized charges. Partial payments of at least $20 are allowed but do not extend the redemption period. A tax deed cannot issue unless a written notice of application for tax deed has been served on the owner.

Question 10

Where can homeowners get free foreclosure help in Wisconsin?

Accepted Answer

The Wisconsin Housing and Economic Development Authority (WHEDA) offers loss-mitigation options (such as forbearance, repayment plans and loan modifications) to homeowners with an existing WHEDA mortgage who are having trouble paying. WHEDA also funds HUD-certified housing counseling agencies through its Housing Counseling Resource Program, which provide foreclosure prevention counseling; Wisconsin residents struggling with mortgage payments are encouraged to contact one of these agencies.

Judicial or non-judicial	Judicial. Under Wisconsin's real estate foreclosure chapter, a mortgage is foreclosed through a court action: if the lender wins, the court enters a judgment of foreclosure and sale, and the property is later sold by the sheriff or a referee and the sale must be confirmed by the court. Source: Wis. Stat. §§ 846.01, 846.10, 846.16, 846.165
Required notices	The lender must file a lis pendens (notice of the pending case), and a judgment of foreclosure and sale may not be entered until 20 days after it is filed. After judgment, the sheriff or referee must give notice of the time and place of the sale as provided by law (or as the court directs), including the property's street address and the amount of the judgment; for an internet-based sale, a written notice must be posted at least 3 weeks before the sale. The first printing of the sale notice may not be made until a set time after judgment (for example, at least 4 months after judgment where the waiting period is 6 months). Before the court confirms a sale, all parties who appeared in the case must get at least 5 days' notice of the confirmation hearing. Source: Wis. Stat. §§ 846.01(2), 846.10(2), 846.16(1), 846.165
Time frames set by law	After the foreclosure judgment, the sale of an owner-occupied 1- to 4-family home must wait: 12 months after judgment if the mortgage was signed before April 27, 2016; 6 months after judgment if signed on or after April 27, 2016 (8 months if, on the owner's motion before judgment, the court finds the owner is trying in good faith to sell the home through a listing with a licensed broker). Shorter waiting periods apply if the lender waives a deficiency judgment under Wis. Stat. § 846.101 (6 months for pre-April 27, 2016 mortgages; generally 3 months for later ones), and special rules apply to abandoned property. Source: Wis. Stat. §§ 846.10(2), 846.101(2), 846.102
Right to catch up (reinstate)	The homeowner (or the homeowner's heirs, personal representatives or assigns) may redeem the property at any time before the sale by paying the clerk of court or the lender the amount of the judgment, interest, costs (including costs after judgment) and any taxes the lender paid after judgment, with interest. No statute reviewed gives a separate right to reinstate (catch up only the missed payments) before judgment; that depends on the loan documents. Source: Wis. Stat. § 846.13

HOA liens and foreclosure	Yes, for condominiums. Unpaid condominium assessments (with interest and actual collection costs) become a lien on the unit if a statement of condominium lien is filed with the clerk of circuit court within 2 years after the assessment is due. The association may foreclose the lien in the same manner, and subject to the same requirements, as a mortgage foreclosure, and may recover costs and actual attorney fees. A foreclosure action must be brought within 3 years after the lien statement is recorded, and only after 10 days' prior written notice to the unit owner by registered mail. Source: Wis. Stat. § 703.165
Property tax sales	After the county issues a tax certificate for unpaid property taxes, anyone may redeem the land at any time before a tax deed is recorded by paying the county treasurer the unpaid taxes plus interest, penalty and other authorized charges. Partial payments of at least $20 are allowed but do not extend the redemption period. A tax deed cannot issue unless a written notice of application for tax deed has been served on the owner. Source: Wis. Stat. §§ 75.01, 75.12
Seller disclosure	Yes. Sellers of real property in Wisconsin (including condominium units), unless the transfer is exempt, must give the buyer a completed Real Estate Condition Report in the form set by statute (or the vacant land disclosure report for vacant land) no later than 10 days after accepting the purchase contract. Some sellers who have never lived in the property, such as personal representatives, are exempt. Source: Wis. Stat. §§ 709.01, 709.02, 709.03

Wisconsin Foreclosure Laws: Process, Timeline and Your Rights

Quick answers for Wisconsin

How foreclosure works

After the sale

HOAs, taxes and selling

Getting help

Foreclosure & Homeowner Law FAQ

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