- Who sends it
- The circuit court enters it; the lender's attorney usually mails you a copy if you appeared in the case
- What it starts
- The redemption period: 3 to 12 months from the judgment before the home can be sold
- Do this first
- Find the judgment date and the redemption period in the judgment, then ask for a written payoff of the judgment amount
What this judgment is in Wisconsin
Under Wis. Stat. § 846.10(1), the judgment describes the home, fixes the amount of the mortgage debt then due, says whether any part of the property is a homestead, orders the home sold to pay the debt and costs, and includes a deficiency judgment only if the complaint asked for one. If a referee will run the sale instead of the sheriff, the judgment names the referee.
The paper may carry a longer title, such as findings of fact, conclusions of law and judgment. Look for the judgment amount, the date it was entered and the redemption period. Compare with the national foreclosure judgment page.
What it does and does not mean
- It is not a sale. For an owner-occupied home of one to four units, the sale cannot be held until the redemption period has passed, unless you and the lender agree in writing to an earlier sale, filed with the clerk (Wis. Stat. § 846.10(2)).
- It is not an eviction. You still own the home during the redemption period. If the lender waived a deficiency, you may stay until the court confirms the sale unless you abandon the home (Wis. Stat. § 846.101(1)).
- If the court finds the home abandoned, a sale can come much sooner, 5 weeks after judgment (Wis. Stat. § 846.102). If you live there, make sure the court knows.
- If the judgment includes a deficiency, the lender can later ask for a money judgment for any shortfall. See Wisconsin deficiency judgments.
Your redemption period and how to count it
The period runs from the date the judgment was entered, in months. Which one applies depends on when your mortgage was signed and whether the complaint waived a deficiency:
- Mortgage signed on or after April 27, 2016: 6 months, or 3 months with a deficiency waiver (Wis. Stat. §§ 846.10(2)(a)2., 846.101(2)(c)).
- Same, if before judgment the court found you were trying in good faith to sell with a licensed broker: 8 months, or 5 months with a waiver.
- Mortgage signed before April 27, 2016: 12 months, or 6 months with a waiver (Wis. Stat. §§ 846.10(2)(a)1., 846.101(2)(b)).
- The sale notice can start printing before the period ends: at least 1 month after judgment on a 3-month period, 3 months on a 5-month period, 4 months on a 6-month period, 6 months on an 8-month period and 10 months on a 12-month period.
Example: a judgment entered March 10 with a 3-month period means no sale before June 10, and the newspaper notice could start as early as April 10. See how long foreclosure takes in Wisconsin.
What to do this week
- Get a copy of the judgment from the clerk of circuit court if you do not have one, and write down the judgment date, amount and redemption period.
- Ask the lender's attorney or your servicer for a written payoff. Under Wis. Stat. § 846.13, you can redeem by paying the clerk the judgment, interest, costs and any taxes the lender paid after judgment.
- Keep your loss mitigation application moving. A complete application received more than 37 days before the sale must be reviewed, and the sale cannot be held while it is pending under federal rules.
- If you plan to sell, talk to a licensed broker now. Wisconsin Law Help says you keep ownership during the redemption period and can sell, including a short sale with the lender's approval.
- Call Legal Action of Wisconsin at (855) 947-2529 or a private lawyer through the State Bar of Wisconsin Lawyer Referral and Information Service.
Scam warnings
The months after judgment are when people offering to buy your equity or take over your deed show up. Wisconsin regulates foreclosure reconveyances, where someone takes title and promises you can stay or buy the home back (Wis. Stat. § 846.45), and bars foreclosure consultants from collecting fees before every promised service is done (Wis. Stat. § 846.40). Report problems to the Wisconsin Department of Agriculture, Trade and Consumer Protection. More at Wisconsin foreclosure help.
The rest of the Wisconsin process
See how foreclosure works in Wisconsin, the timeline, ways to stop it and free help in Wisconsin, or read the national guide to this letter.
Common questions
How long after a Wisconsin foreclosure judgment can my house be sold?
For an owner-occupied home of one to four units, not until the redemption period in your judgment has run: 3, 5, 6, 8 or 12 months from the judgment date, depending on when your mortgage was signed and whether the lender waived a deficiency (Wis. Stat. §§ 846.10(2), 846.101(2)).
Can I still pay off my Wisconsin mortgage after judgment?
Yes. Under Wis. Stat. § 846.13 you can redeem by paying the judgment, interest, costs and any taxes the lender paid. Court decisions read the deadline as the confirmation of the sale, but you should pay before the confirmation hearing begins.
Can I live in my Wisconsin home after the judgment?
Yes. You still own it during the redemption period. If the lender waived a deficiency, Wis. Stat. § 846.101(1) lets you stay until the court confirms the sale unless you abandon the home.
Other Wisconsin letters
- Summons and Complaint (foreclosure)In Wisconsin, every home foreclosure is a lawsuit in circuit court, and the summons and complaint are how it starts. You usually have 20 days after you are personally served to file a written answer. The complaint also tells you whether the lender is waiving a deficiency, which sets how long you can stay before a sale.
- Notice of Sheriff's Sale (Notice of Foreclosure Sale)In Wisconsin, the sheriff or a court-appointed referee must advertise the sale of your home for at least 3 weeks before the auction. The notice is published and posted, not always mailed to you. The sale is not the end: the court still has to confirm it, and you may be able to redeem until then.
- Notice of Motion to Confirm Sheriff's Sale (Notice of Confirmation Hearing)After a Wisconsin sheriff's sale, the lender asks the court to confirm it. If you appeared in the case, you must get at least 5 days' notice of that hearing, with the sale price and any personal judgment the lender wants. This hearing is your last chance to redeem or to object.
- Writ of AssistanceA writ of assistance is the Wisconsin court order that works like an eviction order after a foreclosure. The court can issue it once the sale is confirmed and you have not moved. You may be able to ask the court for more time or agree on a move-out date with the buyer.