- Who sends it
- The lender's attorney, by personal delivery or registered mail, to every party who appeared in the case
- What it starts
- At least 5 days before the hearing where the judge decides whether to confirm the sale
- Do this first
- Compare the sale price with the home's value and, if you can redeem, pay before the hearing begins
What this notice is in Wisconsin
Wis. Stat. § 846.165 says no foreclosure sale can be confirmed unless 5 days' notice is given to every party who appeared in the action, personally or by registered mail to the last known address. The notice must state the judgment amount, the amount the sale brought in, the deficiency judgment sought against each person, and the time and place of the hearing.
The paper is often called a notice of motion and motion to confirm sheriff's sale, but titles vary. If you never filed an answer or appeared, the law does not require this notice to go to you, which is one reason to answer the summons and complaint. Compare with the national sheriff's deed page.
What it does and does not mean
- Until the court confirms the sale, the buyer does not have title. The sheriff's deed is held by the clerk until confirmation (Wis. Stat. § 846.16(1r)(c)).
- Once the sale is confirmed, the deed passes title to the buyer and the court can issue a writ of assistance to give the buyer possession (Wis. Stat. § 846.16(2m)(as)).
- If the notice lists a personal or deficiency judgment, the lender is asking the court to make you pay the shortfall. If the lender waived a deficiency, this amount should be zero (Wis. Stat. § 846.101).
- A low price matters. When a home sells for less than the debt, there is no presumption that it sold for fair value, and the court cannot confirm the sale or enter a deficiency until it is satisfied fair value has been credited (Wis. Stat. § 846.16(2m)(ae)).
The deadline and how to count it
- The notice must reach you at least 5 days before the hearing. Under Wis. Stat. § 801.15(1)(b), for periods shorter than 11 days, Saturdays, Sundays and holidays are not counted, so 5 days means 5 business days in practice. If you got less notice, tell the judge.
- Redemption: court decisions on Wis. Stat. § 846.13 say you can redeem until the sale is confirmed, but Harbor Credit Union v. Samp (2011 WI App 40) says you should pay before a properly scheduled confirmation hearing begins. The judge does not have to wait for a promised payment.
- After confirmation, the buyer has 10 days to pay the rest of the price and fees (Wis. Stat. § 846.16(2m)(b)).
What to do this week
- Read the notice for three numbers: the judgment amount, the sale price and any deficiency sought.
- If the price looks low, gather proof of value, such as an appraisal, a broker's opinion or your property tax assessment, and bring it to the hearing.
- If you can redeem, get a written payoff and pay the clerk of court before the hearing starts.
- Go to the hearing, in person or as the court allows. You can ask to be heard.
- If the sale brought in more than you owed, file a written notice of claim for the surplus with the clerk (Wis. Stat. § 846.162). See Wisconsin foreclosure surplus funds.
- Plan your move. See after a Wisconsin foreclosure sale.
Where to get help
Legal Action of Wisconsin offers free civil legal aid to low-income residents, online or at (855) 947-2529. The Wisconsin State Law Library foreclosure page has county forms and guides. If a deficiency is sought, read Wisconsin deficiency judgments before the hearing.
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 much notice do I get of a Wisconsin confirmation hearing?
At least 5 days, if you appeared in the case, delivered personally or by registered mail (Wis. Stat. § 846.165). Weekends and holidays do not count toward periods shorter than 11 days under Wis. Stat. § 801.15(1)(b).
Can I stop a Wisconsin sale from being confirmed?
You can redeem by paying the judgment, interest and costs before the hearing begins, or ask the judge not to confirm, for example if the price is far below fair value (Wis. Stat. § 846.16(2m)(ae)). Wisconsin Law Help says courts usually confirm when the proper steps were followed.
What if I never got a confirmation hearing notice in Wisconsin?
The notice is required only for parties who appeared in the case (Wis. Stat. § 846.165). If you appeared and got no notice, contact legal aid and the clerk right away. You can also follow the case on Wisconsin Circuit Court Access.
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.
- Judgment of ForeclosureA Wisconsin judgment of foreclosure means the court has ruled for the lender and ordered a sale. For an owner-occupied home, it also starts a redemption period of 3, 5, 6, 8 or 12 months, and no sale can be held until that period runs. You still own the home and can pay off the judgment or sell during this time.
- 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.
- 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.