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Wisconsin Foreclosure Law Summary
WHAT IS A SHORT SALE
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WHY USE SHORT SALE US
- Judicial Foreclosure Available: Yes
SUCCESS STORIES
- Non-Judicial Foreclosure Available: Yes
WHO QUALIFIES FOR A SHORT SALE
- Primary Security Instruments: Deed of Trust, Mortgage
FAQs
- Timeline: Typically 90 days
SHORT SALE NEWS
- Right of Redemption: Yes
VALUE YOUR HOME
- Deficiency Judgments Allowed: Yes
STATE FORCLOSURE LAWS
In Wisconsin, lenders may foreclose on deeds of trusts or mortgages in
CONTACT US default using either a judicial or non-judicial foreclosure process.
HIRE US Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit to obtain a
court order to foreclose, is used when no power of sale is present in the
mortgage or deed of trust. Generally, after the court declares a foreclosure,
the property will be auctioned off to the highest bidder. However, in Wisconsin,
no sale may be made for one year from the date the judgment is entered
unless the lender waives the right to a deficiency, in which case the delay is
six months, or two months if the property is abandoned. Sales by consent may
be earlier.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause
exists in a mortgage or deed of trust. A "power of sale" clause is the clause in
a deed of trust or mortgage, in which the borrower pre-authorizes the sale of
property to pay off the balance on a loan in the event of the their default. In
deeds of trust or mortgages where a power of sale exists, the power given to
the lender to sell the property may be executed by the lender or their
representative, typically referred to as the trustee. Regulations for this type of
foreclosure process are outlined below in the "Power of Sale Foreclosure
Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies
the time, place and terms of sale, then the specified procedure must be
followed. Otherwise, the non-judicial power of sale foreclosure is carried out
as follows:
The foreclosure notice must be recorded with the county prior to the time the
first notice of foreclosure is published. The notice, which must include the time

2. and place of sale, must be published once a week for six consecutive weeks
in a newspaper in the county where the property is located.
The notice must be served upon the borrower in the same manner that civil
process in a lawsuit is served. In instances where the borrower can't be found,
then the notice shall be posted in a conspicuous spot on the mortgaged
premises and served on any occupant.
Said notice must specify the names of the borrower and lender, the date the
mortgage was recorded, the amount due at the date of the notice, a property
description and the time and place of sale.
The sale must be held at the time and place stated in the foreclosure notice.
The winning bidder will receive a certificate of purchase. If necessary, the sale
may be postponed.
Unless the foreclosure sale has been confirmed by court order, the borrower
has one year (12 months) to redeem the property by paying the amount of the
highest bid at the foreclosure sale, plus interest.
Wisconsin law allows a foreclosure sale to be confirmed by court order. If the
lender states their intentions in the application for sales confirmation, then
they may file a deficiency suit. Otherwise, deficiency suits are not allowed.
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