Wisconsin Code § 846.04

Deficiency, judgment for
Open in Lexace · Ask the AI about this section
(1) The plaintiff may,
in the complaint, demand judgment for any deficiency that may
remain due the plaintiff after sale of the mortgaged premises
against every party who is personally liable for the debt secured
by the mortgage. Judgment may be rendered for any deficiency
remaining after applying the proceeds of sale to the amount due.
The judgment for deficiency shall be ordered in the original judgment and separately rendered against the party liable on or after
the confirmation of sale. The judgment for deficiency shall be
entered in the judgment and lien docket and, except as provided
in subs. (2) and (3), enforced as in other cases. A mortgage foreclosure deficiency judgment entered on or after October 14,
1997, on property under agricultural use, as defined in s. 91.01
(2), for at least 12 consecutive months during the preceding 36month period shall be recorded as an agriculture judgment.
(2) Except as provided in sub. (3), if a mortgage foreclosure
deficiency judgment is entered on property under agricultural
use, as defined in s. 91.01 (2), for at least 12 consecutive months
during the preceding 36-month period, an action on the deficiency judgment shall be commenced within 10 years after the
date on which the mortgage foreclosure deficiency judgment is
entered or be barred.
(3) If a mortgage foreclosure deficiency judgment was entered before January 1, 1990, on property devoted primarily to
agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 2 years after October 14, 1997, or be barred. If the deficiency judgment remains
unsatisfied in a mortgage foreclosure deficiency judgment action
entered before October 14, 1997, the defendant in that action
shall notify the clerk of circuit court of the existence of that deficiency judgment and of the date that an action on that deficiency
judgment shall be commenced or be barred. Not later than 60
days prior to 2 years after October 14, 1997, if notified of an unsatisfied deficiency judgment by the defendant in that action, the
clerk of each circuit court in which a mortgage foreclosure deficiency judgment on property devoted primarily to agricultural
use, as defined in s. 91.01 (5) , was entered before January 1,
1990, and remains unsatisfied, shall, upon payment by the defendant in that action of the costs of the publication and certified
mail, do all of the following:
(a) Publish a notice as a class 1 notice under ch. 985, in the official newspaper of the county where the mortgage foreclosure

deficiency judgment was entered, stating that the party holding
the mortgage foreclosure deficiency judgment is required to commence an action on the deficiency judgment prior to 2 years after
October 14, 1997, or be barred from any further action on that deficiency judgment.
(b) Notify by certified mail the primary plaintiff in the action
for the mortgage foreclosure deficiency judgment that the plaintiff is required to commence an action on the deficiency judgment prior to 2 years after October 14, 1997, or be barred from
any further action on that deficiency judgment.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.