- Who sends it
- Your lender's attorney, through a sheriff or process server, or by publishing it in a newspaper if you cannot be found
- What it starts
- 20 days to file a written answer after personal service, or 40 days after the date stated in a published summons
- Do this first
- Write down the date you were served, read the complaint for the words "waive" and "deficiency", and call legal aid
What this paper is in Wisconsin
Wisconsin lenders must go to court to foreclose on a home, under Chapter 846 of the Wisconsin Statutes. The summons tells you a lawsuit has been filed and how long you have to respond. The complaint is the lender's side of the story: it says you are in default, attaches or describes the note and mortgage, and asks the court to order a sale.
Under Wis. Stat. § 801.09, the summons must name the court and county and must tell you to serve an answer on the lender's attorney. The standard summons form in § 801.095 says you must respond with a written answer, that the answer must be sent or delivered to the court and to the plaintiff's attorney, and that if you do not, the court may grant judgment against you. Compare it with the national summons and complaint page.
What it does and does not mean
- It is not an eviction. You still own the home and can live there while the case goes on.
- It is not a sale date. In Wisconsin, an owner-occupied home of one to four units cannot be sold until the court enters a judgment and a redemption period of 3 to 12 months has run (Wis. Stat. §§ 846.10(2), 846.101(2)).
- Read the complaint for a deficiency waiver. If the lender says it waives a deficiency judgment, it cannot get a money judgment against you for any shortfall after the sale, the waiting period before the sale is shorter, and you may stay in the home until the sale is confirmed unless you abandon it (Wis. Stat. § 846.101). See Wisconsin deficiency judgments.
- If the complaint does not waive a deficiency, the lender can ask for a judgment against you personally for what the sale does not cover (Wis. Stat. §§ 846.04, 846.10(1)).
The deadline and how to count it
- Personal service: you have 20 days, not counting the day you were served (Wis. Stat. § 801.09(2)(a)1.). Day 1 is the day after the papers were handed to you or left with an adult member of your household.
- Count calendar days. Wisconsin's counting rule, Wis. Stat. § 801.15(1)(b), skips weekends and holidays only for periods shorter than 11 days, so Saturdays and Sundays inside your 20 days count.
- If the last day falls on a day the clerk of courts office is closed, that day is not counted, so the deadline moves to the next day the office is open (Wis. Stat. § 801.15(1)(b)). Do not plan around this. File early.
- Service by publication: if the lender could not find you and published the summons, you have 40 days after the date stated in the summons, which is the date of first publication (Wis. Stat. § 801.09(2)(b)).
- Always check the number of days printed on your own summons. The standard form leaves room for a different period in some cases.
What to do this week
- Write the date of service on the first page and mark day 20 on a calendar.
- Apply to Legal Action of Wisconsin, which lists foreclosure among its services, online or at (855) 947-2529. Applying does not mean they can take your case, so keep working on your answer.
- Look at the Wisconsin State Law Library foreclosure page. It links to county answer forms, including the Milwaukee County clerk's Answer and Affirmative Defenses to Foreclosure Complaint form.
- File your written answer with the clerk of circuit court in the county on the summons, and send a copy to the lender's attorney. Keep proof of the date you filed and mailed it.
- Ask the clerk whether your county offers foreclosure mediation. Wisconsin has no statewide program, and some county programs have ended.
- Send your servicer a complete loss mitigation application and call a HUD-approved housing counselor. If your loan is with WHEDA, call WHEDA's servicing department at 1-800-562-5546.
Why the answer matters: only parties who appeared in the case must get notice of the later confirmation hearing (Wis. Stat. § 846.165). Read how foreclosure works in Wisconsin and how to stop a Wisconsin foreclosure.
Paying the past-due amount before judgment
Wis. Stat. § 846.05 says that when a foreclosure is for missed installments and other installments are not yet due, the court must dismiss the case if you pay the past-due principal, interest and costs into court before judgment. Most mortgages let the lender call the whole loan due, and whether this rule still applies after that has not been confirmed. Ask a lawyer before you rely on it, and ask your servicer for a written reinstatement figure.
Scam warnings
Court papers are public, so expect mail and calls from companies offering to save your home. Under Wis. Stat. § 846.40, a foreclosure consultant cannot charge or collect any payment until it has fully performed every service it promised, must give you a written contract, and you can cancel until midnight of the third business day after signing. Never sign over your deed to someone who promises you can stay or buy it back without talking to legal aid first (Wis. Stat. § 846.45). See 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 many days do I have to answer a Wisconsin foreclosure summons?
Usually 20 days after you are personally served, not counting the day of service (Wis. Stat. § 801.09(2)(a)1.). If the summons was published in a newspaper, you have 40 days after the date stated in the summons. Check the number printed on your own summons.
Do weekends count toward my 20 days in Wisconsin?
Yes. Under Wis. Stat. § 801.15(1)(b), weekends and holidays are skipped only for periods of less than 11 days. If the last day is a day the clerk's office is closed, the deadline moves to the next day it is open.
What happens if I do not answer a Wisconsin foreclosure complaint?
The court may grant judgment against you without a trial, and you lose the right to notice of the confirmation hearing, which goes only to parties who appeared (Wis. Stat. § 846.165). An answer keeps you in the case.
Where do I find out if my Wisconsin lender waived a deficiency?
In the complaint. Wis. Stat. § 846.101 requires the lender to say so by an express allegation in the complaint. If it does, no deficiency judgment can be entered against you and the redemption period is shorter.
Other Wisconsin letters
- 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.
- 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.