How foreclosure works in Wisconsin

The notices you will receive in Wisconsin, in order

1. Notice of right to cure or notice of acceleration

   From your lender after you miss payments, before the lawsuit

   Wisconsin Law Help says the lender should send one of these letters after missed payments. Under federal rules the lawsuit generally cannot be filed until you are more than 120 days behind. Use this time to apply for help with your servicer and a housing counselor.

   12 C.F.R. § 1024.41(f)

2. Summons and complaint

   Handed to you by a sheriff or process server, or published in a newspaper if you cannot be found

   This starts the court case. You have 20 days after personal service to file a written answer, or 40 days from the date stated in a published summons. The complaint also says whether the lender is asking for a deficiency judgment or giving it up, which sets the length of your redemption period.

   Wis. Stat. §§ 801.09(2), 846.101(1)

3. Mediation information from your county court

   With the summons in some counties

   Wisconsin has no statewide mediation law. Some counties have offered voluntary mediation with their own forms and deadlines, but Dane County's court says its program is no longer available. Ask the clerk of circuit court in your county what is offered.

4. Motion for summary judgment and the judgment of foreclosure

   After the answer deadline, on the court's schedule

   The lender may ask the judge to rule without a trial. If the court rules for the lender, the judgment sets the amount owed, says whether any part of the home is a homestead, orders a sale, and includes a deficiency judgment only if the complaint asked for one. The judgment starts the redemption period.

   Wis. Stat. § 846.10(1)

5. Notice of sheriff's sale

   Published once a week for 3 weeks in a row and posted at least 3 weeks before the sale

   The notice runs in a county newspaper and is posted in a public place in your town, and on the county website if the county has one. Wisconsin Law Help says you often will not get a copy personally, so watch for it.

   Wis. Stat. §§ 815.31, 846.16(1)

6. Notice of the confirmation hearing

   Mailed or delivered at least 5 days before the hearing, if you appeared in the case

   The notice lists the judgment amount, what the sale brought in, any personal judgment the lender wants against you, and the hearing time and place. You can go and be heard. This is one reason to file an answer or appearance in the case.

   Wis. Stat. § 846.165

7. Writ of assistance

   After the court confirms the sale, if you have not moved

   The buyer can take possession by showing the confirmed deed, and the court may issue a writ of assistance to put the buyer in possession. Wisconsin Law Help says you may be able to ask for more time or agree on a move-out date.

   Wis. Stat. § 846.16

The legal steps in Wisconsin

1. Missed payments

   Federal rules generally stop your servicer from starting foreclosure until you are more than 120 days behind. Contact your servicer and a housing counselor early.

   12 C.F.R. § 1024.41(f)

2. Summons and complaint

   The lender files a foreclosure case and serves you. Wisconsin legal aid says you usually have 20 days after being personally served to file a written answer, or 40 days from first publication if served by publication. Check your summons for the exact deadline. You can ask for mediation with your answer if your county offers it.

3. Foreclosure judgment

   If the lender wins, the court enters a judgment that sets the amount owed and orders a sale. The judgment starts the redemption period. The complaint will say whether the lender is asking for or waiving a deficiency judgment.

   Wis. Stat. §§ 846.04, 846.10, 846.101

4. Redemption period

   For an owner-occupied home of one to four units, no sale can be held until the redemption period ends: 6 or 12 months from judgment for a mortgage signed before April 27, 2016, and 3 or 6 months for a later mortgage. The shorter period applies when the lender waives a deficiency. You can stop the sale by paying the judgment, interest and costs before the sale.

   Wis. Stat. §§ 846.10(2), 846.101(2), 846.13

5. Sheriff's sale

   The sheriff or referee gives public notice and sells the home at auction, in person or online. Legal aid says the notice is published weekly for three weeks in a row.

   Wis. Stat. § 846.16

6. Confirmation hearing

   The sale is not final until the court confirms it. If you appeared in the case, you must get at least five days' notice of the hearing, including the amount of any personal judgment the lender will seek. You can object at the hearing.

   Wis. Stat. § 846.165

7. Moving out

   After confirmation the buyer gets the deed. Legal aid says the court usually orders removal through a writ of assistance if you have not left, and you can ask the court for more time.

Common questions in Wisconsin