How to claim foreclosure surplus funds in Wisconsin

How to claim surplus funds in Wisconsin

1. The court holds the surplus

   Paid in after the sale

   Sale money goes first to the debt in the judgment and the costs. Any surplus is held by the court, subject to the court's orders, and if no one applies for it within 3 months the court has it invested for whoever is entitled to it.

   Wis. Stat. § 846.10(3)

2. Find out whether there is a surplus

   Around the confirmation of sale

   Look at the sheriff's report of sale and the motion to confirm the sale in your case file, or ask the clerk of circuit court. Compare the sale price with the judgment amount, and ask the clerk whether any surplus was deposited.

   Wis. Stat. §§ 846.10(3), 846.162

3. File a notice of claim with the clerk

   As soon as the surplus is paid into court

   Any party to the case, including you, can file a written notice with the clerk of the court where the surplus was paid. Say that you are entitled to the surplus or part of it and explain the nature and amount of your claim. If you do not have a lawyer, give a mailing address, because the court can send hearing notices there.

   Wis. Stat. § 846.162

4. Hearing and lien priority

   At least 8 days' notice of the hearing

   The court decides who gets the money after at least 8 days' notice to everyone who appeared or filed a claim. A person who held a lien on the home at the time of sale, such as a second mortgage or judgment creditor, can also file a claim, so the judge may split the surplus between them and you.

   Wis. Stat. § 846.162

5. Money left unclaimed

   Reported after 1 year; can be claimed for up to 10 years

   Clerks of court report money unclaimed for at least 1 year to the county treasurer, who publishes the owners' names. After that the county takes control of it, but an owner who proves the right to it within 10 years can still be paid. Ask the county treasurer if you think your surplus was turned over.

   Wis. Stat. § 59.66

6. Rules for locator services

   For money held by the Department of Revenue's unclaimed property program, a locator agreement must be in writing, state that you can claim on your own, and cap the fee at 10% of what is recovered. Agreements made within 24 months after the money is turned over to the state are void. Be careful: these rules do not clearly cover surplus still held by the court, and you can file the court claim yourself.

   Wis. Stat. §§ 177.1301, 177.1302

7. Surplus after a property tax foreclosure

   If the county took your home for unpaid taxes, a different rule applies: the county mails you your share after it sells the home. See our Wisconsin property tax foreclosure page.

   Wis. Stat. § 75.36(2m)

What Wisconsin law says about leftover sale money

Common questions in Wisconsin