If you are facing foreclosure in Wisconsin, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in Wisconsin
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of Wisconsin foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Judicial|
|Time to respond||After foreclosing party files lawsuit, homeowner has 20 to 30 days to respond. If foreclosure is granted, court issues judgment and order of sale. Sale can’t be held until one year after the judgment is entered, or six months after entry of judgment if the foreclosing party waives its right to a deficiency judgment.|
|Reinstatement of loan before sale||Available any time before judgment; homeowner may ask court’s permission to continue with reinstatement after judgment.|
|Redemption after sale||No|
|Special protections for foreclosures involving high-cost mortgages||Wis. Stat §§ 428.202 to 428.211|
|Special state protections for service members||Wis. Stat. § 321.62|
|Deficiency judgments||Must be requested in the foreclosure complaint|
|Cash exempted in bankruptcy||About $11,000 for one person, $22,000 for a married couple under federal bankruptcy exemptions|
|Notice to leave after house is sold||Homeowner may remain in possession pending sale.|
|Foreclosure statutes||Wis. Stat. §§ 846.01 to 846.25|