LRB-0870/1
FFK:amn&ahe
2017 - 2018 LEGISLATURE
April 14, 2017 - Introduced by Representatives Ballweg, Considine, Allen,
Berceau, Bernier, Billings, Brandtjen, Crowley, Doyle, Felzkowski,
Fields, Gannon, Goyke, Hintz, Horlacher, Kerkman, Kulp, Macco, Meyers,
Murphy, Mursau, Ohnstad, Skowronski, Spreitzer, Stuck, Subeck,
Swearingen, Thiesfeldt, Tusler and Weatherston, cosponsored by Senators
Olsen, Cowles, Harsdorf, Kapenga, LeMahieu, Wanggaard, Wirch and
Hansen. Referred to Committee on Local Government.
AB253,1,9 1An Act to repeal 846.167 (title) and (1) and 846.17; to renumber 846.167 (2)
2(a) and 846.167 (2) (c); to renumber and amend 846.16 (1), 846.16 (2), 846.16
3(3), 846.167 (2) (intro.), 846.167 (2) (b) and 846.167 (3); to amend 77.22 (1),
4846.10 (2) (a) 1., 846.10 (2) (a) 2. a., 846.10 (2) (a) 2. b., 846.101 (2) (b), 846.101
5(2) (c) 1., 846.101 (2) (c) 2., 846.102 (3) (a) 1., 846.103 (1) and (2) and 846.16
6(title); and to create 846.16 (1) (title), 846.16 (1) (c) 3., 846.16 (2m) (title),
7846.16 (3m) (title), 846.16 (3m) (a) 1. and 2., 846.16 (3m) (b) and 846.16 (4) of
8the statutes; relating to: procedures related to a sale of foreclosed property by
9a sheriff or referee.
Analysis by the Legislative Reference Bureau
This bill expands the process for confirming a foreclosure sale and recording the
sheriff's deed for the purchased property that under current law applies only to
property located in a county with a population of 750,000 or more (currently only
Milwaukee County) to apply to property located anywhere in the state, except that
the statewide process provides the clerk of court the option of notifying the register
of deeds that a sheriff's deed is available for recording instead of requiring the clerk
of court to transmit a sheriff's deed to the register of deeds. This bill also requires

that a notice of a foreclosure sale include the street address of the property to be sold
at the sale and the sum of the judgment.
Under current law, for foreclosed property located in Milwaukee County, if a
sheriff or referee sells the foreclosed property, certain conditions must be satisfied
before the court confirms the sale or within ten days of the court confirming the sale.
First, before the court confirms the sale, the purchaser must provide the judgment
creditor with any information required for the judgment creditor to complete the real
estate transfer return required to record the sheriff's deed. After a sheriff or referee
makes a sale of foreclosed property and upon compliance with the terms of the sale,
the sheriff or referee executes a deed to the purchaser. This deed is commonly known
as a sheriff's deed. Second, no later than ten days after the court confirms the sale,
the purchaser must pay to the clerk of court the amount of any transfer fee and the
amount of any fees required to record the sheriff's deed and any other documents
required to record the deed. Third, no later than ten days after the court confirms
the sale, the judgment creditor must deliver to the clerk of court the receipt for
submitting a transfer return for the property. If the court confirms the sale, the
purchaser complies with the terms of the sale, including paying any balance due on
the purchase price, and the above-described conditions are satisfied, the clerk of
court must transmit the sheriff's deed to the register of deeds for recording.
Under current law, for foreclosed property located outside of Milwaukee
County, if the court confirms the sale and the purchaser complies with all of the terms
of the sale, including paying any balance due on the purchase price, the clerk of court
delivers the sheriff's deed to the purchaser. There is no requirement under current
law that the purchaser deliver the sheriff's deed to the register of deeds for recording.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB253,1 1Section 1. 77.22 (1) of the statutes is amended to read:
AB253,3,112 77.22 (1) There is imposed on the grantor of real estate a real estate transfer
3fee at the rate of 30 cents for each $100 of value or fraction thereof on every
4conveyance not exempted or excluded under this subchapter. In regard to land
5contracts, the value is the total principal amount that the buyer agrees to pay the
6seller for the real estate. This fee shall be collected by the register at the time the
7instrument of conveyance is submitted for recording. Except as provided in s. 77.255,
8at the time of submission the grantee or his or her duly authorized agent or other
9person acquiring an ownership interest under the instrument, or the clerk of court

1or
judgment creditor in the case of a foreclosure under s. 846.16, shall execute a
2return, signed by both grantor and grantee, on the form prescribed under sub. (2).
3The register shall enter the fee paid on the face of the deed or other instrument of
4conveyance before recording, and, except as provided in s. 77.255, submission of a
5completed real estate transfer return and collection by the register of the fee shall
6be prerequisites to acceptance of the conveyance for recording. The register shall
7have no duty to determine either the correct value of the real estate transferred or
8the validity of any exemption or exclusion claimed. If the transfer is not subject to
9a fee as provided in this subchapter, the reason for exemption shall be stated on the
10face of the conveyance to be recorded by reference to the proper subsection under s.
1177.25.
AB253,2 12Section 2. 846.10 (2) (a) 1. of the statutes is amended to read:
AB253,3,1913 846.10 (2) (a) 1. If the mortgage was executed before April 27, 2016, upon the
14expiration of 12 months from the date when the judgment is entered. Notice of the
15time and place of sale shall be given under ss. 815.31 and 846.16 (1) and may be given
16within the 12-month period, except that the first printing of the notice shall not be
17made less than 10 months after the date when the judgment is entered, and except
18that the sale of a farm shall not be made or advertised until the expiration of one year
19from the date when the judgment is entered.
AB253,3 20Section 3. 846.10 (2) (a) 2. a. of the statutes is amended to read:
AB253,4,221 846.10 (2) (a) 2. a. Except as provided in subd. 2. b., upon the expiration of 6
22months from the date when the judgment is entered. Notice of the time and place
23of sale shall be given under ss. 815.31 and 846.16 (1) and may be given within the
246-month period, except that the first printing of the notice shall not be made less
25than 4 months after the date when the judgment is entered, and except that the sale

1of a farm shall not be made or advertised until the expiration of 6 months from the
2date when the judgment is entered.
AB253,4 3Section 4. 846.10 (2) (a) 2. b. of the statutes is amended to read:
AB253,4,134 846.10 (2) (a) 2. b. Upon motion of the mortgagor before judgment is entered,
5if the court finds that the mortgagor is attempting in good faith to sell the mortgaged
6premises and has entered into a listing agreement with a real estate broker licensed
7under ch. 452 to sell the mortgaged premises, upon the expiration of 8 months from
8the date when the judgment is entered. Notice of the time and place of sale shall be
9given under ss. 815.31 and 846.16 (1) and may be given within the 8-month period,
10except that the first printing of the notice shall not be made less than 6 months after
11the date when the judgment is entered, and except that the sale of a farm shall not
12be made or advertised until the expiration of 8 months from the date when the
13judgment is entered.
AB253,5 14Section 5. 846.101 (2) (b) of the statutes is amended to read:
AB253,4,2015 846.101 (2) (b) If the mortgage was executed before April 27, 2016, the sale of
16the mortgaged premises shall be made upon the expiration of 6 months from the date
17when the judgment is entered. Notice of the time and place of sale shall be given
18under ss. 815.31 and 846.16 (1) and may be given within the 6-month period, except
19that the first printing of the notice shall not be made less than 4 months after the date
20when the judgment is entered.
AB253,6 21Section 6. 846.101 (2) (c) 1. of the statutes is amended to read:
AB253,5,222 846.101 (2) (c) 1. Except as provided in subd. 2., upon the expiration of 3 months
23from the date when the judgment is entered. Notice of the time and place of sale shall
24be given under ss. 815.31 and 846.16 (1) and may be given within the 3-month

1period, except that the first printing of the notice shall not be made less than one
2month after the date when the judgment is entered.
AB253,7 3Section 7. 846.101 (2) (c) 2. of the statutes is amended to read:
AB253,5,114 846.101 (2) (c) 2. Upon motion of the mortgagor before judgment is entered, if
5the court finds that the mortgagor is attempting in good faith to sell the mortgaged
6premises and has entered into a listing agreement with a real estate broker licensed
7under ch. 452 to sell the mortgaged premises, upon the expiration of 5 months from
8the date when the judgment is entered. Notice of the time and place of sale shall be
9given under ss. 815.31 and 846.16 (1) and may be given within the 5-month period,
10except that the first printing of the notice shall not be made less than 3 months after
11the date when the judgment is entered.
AB253,8 12Section 8. 846.102 (3) (a) 1. of the statutes is amended to read:
AB253,5,1713 846.102 (3) (a) 1. Hold a sale of the mortgaged premises and have the sale
14confirmed under s. 846.165. Any sale of the mortgaged premises may be held at any
15time after the expiration of 5 weeks from the date when the judgment is entered.
16Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 (1) and
17may be given at any time within the 12-month period.
AB253,9 18Section 9. 846.103 (1) and (2) of the statutes are amended to read:
AB253,6,219 846.103 (1) No foreclosure sale involving real property other than a one-family
20to 4-family residence that is owner-occupied at the commencement of the
21foreclosure action, a farm, a church, or a tax-exempt nonprofit charitable
22organization may be held until the expiration of 6 months from the date when the
23judgment is entered except a sale under sub. (2). Notice of the time and place of sale
24shall be given under ss. 815.31 and 846.16 (1) and may be given within the 6-month

1period, except that the first printing of the notice shall not be made less than 4
2months after the date when the judgment is entered.
AB253,6,21 3(2) If the mortgagor of real property other than a one-family to 4-family
4residence that is owner-occupied at the commencement of the foreclosure action, a
5farm, a church, or a tax-exempt nonprofit charitable organization has agreed in
6writing at the time of the execution of the mortgage to the provisions of this section,
7the plaintiff in a foreclosure action of a mortgage, which mortgage is recorded
8subsequent to May 12, 1978, may elect by express allegation in the complaint to
9waive judgment for any deficiency which that may remain due to the plaintiff after
10sale of the mortgaged premises against every party who is personally liable for the
11debt secured by the mortgage, and to consent that the mortgagor, unless he or she
12abandons the property, may remain in possession of the mortgaged premises and be
13entitled to all rents, issues, and profits therefrom to the date of confirmation of the
14sale by the court. When the plaintiff so elects, judgment shall be entered as provided
15in this chapter, except that no judgment for deficiency may be ordered nor separately
16rendered against any party who is personally liable for the debt secured by the
17mortgage and the sale of the mortgaged premises shall be made upon the expiration
18of 3 months from the date when the judgment is entered. Notice of the time and place
19of sale shall be given under ss. 815.31 and 846.16 (1) and may be given within the
203-month period, except that the first printing of the notice shall not be made less
21than one month after the date when the judgment is entered.
AB253,10 22Section 10. 846.16 (title) of the statutes is amended to read:
AB253,6,23 23846.16 (title) Notice and report of sale; confirmation; transfer .
AB253,11 24Section 11. 846.16 (1) (title) of the statutes is created to read:
AB253,6,2525 846.16 (1) (title) Notice of sale and sale.
AB253,12
1Section 12. 846.16 (1) of the statutes is renumbered 846.16 (1) (a) and
2amended to read:
AB253,7,223 846.16 (1) (a) The sheriff or referee who makes sale of mortgaged premises,
4under a judgment therefor, shall give notice of the time and place of sale in the
5manner provided by law for the sale of real estate upon execution or in such other
6manner as the court shall in the judgment direct; where . The sheriff or referee shall
7include in the notice of sale the street address, if any, of the real estate to be sold and
8the sum of the judgment. If
the department of veterans affairs is also a party in the
9foreclosure action, the judgment shall direct that notice of sale be given by registered
10mail, return receipt requested, to the department at Madison, Wisconsin, at least 3
11weeks prior to the date of sale, but such requirement does not affect any other
12provision as to giving notice of sale. Except as provided in sub. (3) and s. 846.167,
13the sheriff or referee shall, within 10 days thereafter, file with the clerk of the court
14a report of the sale, and shall also immediately after the sale first deduct any fee due
15under s. 77.22 (1); then deposit that fee, a return under s. 77.22 and the deed with
16the clerk of the court for transmittal to the register of deeds; then deduct the costs
17and expenses of the sale, unless the court orders otherwise, and then deposit with
18the clerk of the court the proceeds of the sale ordered by the court. The
Upon the sale
19of the mortgaged premises and upon compliance with its terms, the sheriff or referee
20shall make and execute to the purchaser, the purchaser's assigns, or personal
21representatives a deed of the premises sold that includes each parcel of land sold to
22the purchaser and the purchase price.
AB253,8,6 23(c) 1. Except as provided under subd. 2., the sheriff or referee may not accept
24from the purchaser at such sale as a deposit or down payment upon the same not less
25than $100, in which case such amount shall be so deposited with as a deposit or down

1payment from the purchaser at a sale of mortgaged premises. The sheriff or referee
2shall deliver the amount of the deposit or down payment to
the clerk of the court as
3above provided, in par. (b), and the purchaser shall pay the balance of the sale price
4shall be paid to the clerk by the purchaser at such sale of court upon the confirmation
5thereof of the sale. If the highest bid is less than $100, the whole amount thereof shall
6be so deposited
sheriff or referee shall deliver the entire amount.
AB253,13 7Section 13. 846.16 (1) (c) 3. of the statutes is created to read:
AB253,8,98 846.16 (1) (c) 3. In all cases, the purchaser at the sale of the mortgaged premises
9shall pay the cost of sale.
AB253,14 10Section 14. 846.16 (2) of the statutes is renumbered 846.16 (1) (c) 2. and
11amended to read:
AB253,8,1912 846.16 (1) (c) 2. If the judgment creditor is the purchaser at the sale of the
13mortgaged premises,
the judgment creditor may give his or her the judgment
14creditor's
receipt to the sheriff or referee for any sum not exceeding the judgment
15creditor's judgment and such. The judgment creditor's receipt shall be deemed is
16considered
a down payment, but in every case the purchaser shall pay the cost of sale;
17and if the sum due the creditor
. If the judgment creditor is the purchaser and the
18judgment amount
is less than the purchase price, the judgment creditor shall pay the
19difference to the sheriff or referee at the time of sale.
AB253,15 20Section 15. 846.16 (2m) (title) of the statutes is created to read:
AB253,8,2121 846.16 (2m) (title) Confirmation.
AB253,16 22Section 16. 846.16 (3) of the statutes is renumbered 846.16 (1) (b), and 846.16
23(1) (b) (intro.), as renumbered, is amended to read:
AB253,9,3
1846.16 (1) (b) (intro.) If the mortgaged premises are located in a county having
2a population of 750,000 or more, no
No later than 10 days after the sale of the
3mortgaged premises, the sheriff or referee shall do all of the following:
AB253,17 4Section 17. 846.16 (3m) (title) of the statutes is created to read:
AB253,9,55 846.16 (3m) (title) Transmittal to register of deeds.
AB253,18 6Section 18. 846.16 (3m) (a) 1. and 2. of the statutes are created to read:
AB253,9,117 846.16 (3m) (a) 1. Deliver the deed to the mortgaged premises received under
8sub. (1) (b), the receipt for submitting a transfer return under s. 77.22, any certificate,
9waiver, or stipulation required under s. 101.122, the amount due under s. 59.43 (2)
10to record the deed and any other document required to record the deed, and the
11transfer fee, if any, to the register of deeds.
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