Summary of Wisconsin's Foreclosure Laws

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.

Topic	State Rule
Most 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. A notice of sale must either be published over six-week period or posted over a three-week period.
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	Not available. However, the redemption period (ranging from five weeks to one year) occurs prior to the sale. The property can be redeemed at any time during this period.
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 $12,725 for one person, $25,450 for a married couple under federal bankruptcy exemptions. $5,000 ($10,000 if married filing jointly) under state bankruptcy exemptions.
Notice to leave after house is sold	Homeowner may remain in possession through the redemption period up until the confirmation of the sale. If the homeowner does not then vacate the residence, the confirmation of the sale usually will entitle the plaintiff to a writ of assistance. The sheriff executes the writ, typically giving 24-72 hours’ notice to the occupants.
Foreclosure statutes	Wis. Stat. §§ 846.01 to 846.25

Summary of Wisconsin's Foreclosure Laws

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