LRB-4650/2
KRP:klm&kjf
2017 - 2018 LEGISLATURE
December 7, 2017 - Introduced by Senators Olsen, Johnson, Carpenter and
Cowles, cosponsored by Representatives Katsma, Goyke, Allen, Anderson,
Ballweg, Berceau, Bowen, E. Brooks, R. Brooks, Brostoff, Considine,
Crowley, Felzkowski, Fields, Hebl, Hutton, Knodl, Kooyenga, Kuglitsch,
Kulp, Mursau, Ohnstad, Petersen, Pope, Riemer, Ripp, Rohrkaste, Sargent,
Sinicki, Skowronski, Spiros, Spreitzer, Subeck, C. Taylor, Tusler, Wachs,
Young and Zepnick. Referred to Committee on Insurance, Housing and Trade.
SB621,1,9 1An Act to renumber 846.16 (3) and 846.165 (1); to renumber and amend
2846.16 (1), 846.16 (2), 846.165 (2) and 846.17; to amend 846.10 (2) (a) 1., 846.10
3(2) (a) 2. a., 846.10 (2) (a) 2. b., 846.101 (2) (b), 846.101 (2) (c) 1., 846.101 (2) (c)
42., 846.102 (3) (a) 1., 846.103 (1), 846.103 (2), 846.16 (title), 846.167 (2) (b) 2. a.,
5846.167 (3) and 846.17 (title); and to create 846.16 (1) (title), 846.16 (1) (b),
6846.16 (2m) (title), 846.16 (2m) (a) (title), 846.16 (2m) (a) 1., 846.16 (2m) (a) 3.,
7846.16 (2m) (b), 846.16 (3) (title), 846.16 (3) (am), 846.16 (3) (bm), 846.16 (3) (c)
8(title) and 846.16 (3) (d) of the statutes; relating to: authorizing counties to
9conduct foreclosure sales using an Internet-based auction.
Analysis by the Legislative Reference Bureau
This bill authorizes a county to enact an ordinance that requires the sheriff or
referee to conduct, or engage a third party to conduct, sales of foreclosed property in
the county using an Internet-based auction.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB621,1 1Section 1. 846.10 (2) (a) 1. of the statutes is amended to read:
SB621,2,82 846.10 (2) (a) 1. If the mortgage was executed before April 27, 2016, upon the
3expiration of 12 months from the date when the judgment is entered. Notice of the
4time and place of sale shall be given under ss. 815.31 and s. 846.16 (1) and may be
5given within the 12-month period, except that the first printing of the notice shall
6not be made less than 10 months after the date when the judgment is entered, and
7except that the sale of a farm shall not be made or advertised until the expiration of
8one year from the date when the judgment is entered.
SB621,2 9Section 2. 846.10 (2) (a) 2. a. of the statutes is amended to read:
SB621,2,1610 846.10 (2) (a) 2. a. Except as provided in subd. 2. b., upon the expiration of 6
11months from the date when the judgment is entered. Notice of the time and place
12of sale shall be given under ss. 815.31 and s. 846.16 (1) and may be given within the
136-month period, except that the first printing of the notice shall not be made less
14than 4 months after the date when the judgment is entered, and except that the sale
15of a farm shall not be made or advertised until the expiration of 6 months from the
16date when the judgment is entered.
SB621,3 17Section 3. 846.10 (2) (a) 2. b. of the statutes is amended to read:
SB621,3,618 846.10 (2) (a) 2. b. Upon motion of the mortgagor before judgment is entered,
19if the court finds that the mortgagor is attempting in good faith to sell the mortgaged
20premises and has entered into a listing agreement with a real estate broker licensed
21under ch. 452 to sell the mortgaged premises, upon the expiration of 8 months from

1the date when the judgment is entered. Notice of the time and place of sale shall be
2given under ss. 815.31 and s. 846.16 (1) and may be given within the 8-month period,
3except that the first printing of the notice shall not be made less than 6 months after
4the date when the judgment is entered, and except that the sale of a farm shall not
5be made or advertised until the expiration of 8 months from the date when the
6judgment is entered.
SB621,4 7Section 4. 846.101 (2) (b) of the statutes is amended to read:
SB621,3,138 846.101 (2) (b) If the mortgage was executed before April 27, 2016, the sale of
9the mortgaged premises shall be made upon the expiration of 6 months from the date
10when the judgment is entered. Notice of the time and place of sale shall be given
11under ss. 815.31 and s. 846.16 (1) and may be given within the 6-month period,
12except that the first printing of the notice shall not be made less than 4 months after
13the date when the judgment is entered.
SB621,5 14Section 5. 846.101 (2) (c) 1. of the statutes is amended to read:
SB621,3,1915 846.101 (2) (c) 1. Except as provided in subd. 2., upon the expiration of 3 months
16from the date when the judgment is entered. Notice of the time and place of sale shall
17be given under ss. 815.31 and s. 846.16 (1) and may be given within the 3-month
18period, except that the first printing of the notice shall not be made less than one
19month after the date when the judgment is entered.
SB621,6 20Section 6. 846.101 (2) (c) 2. of the statutes is amended to read:
SB621,4,321 846.101 (2) (c) 2. Upon motion of the mortgagor before judgment is entered, if
22the court finds that the mortgagor is attempting in good faith to sell the mortgaged
23premises and has entered into a listing agreement with a real estate broker licensed
24under ch. 452 to sell the mortgaged premises, upon the expiration of 5 months from
25the date when the judgment is entered. Notice of the time and place of sale shall be

1given under ss. 815.31 and s. 846.16 (1) and may be given within the 5-month period,
2except that the first printing of the notice shall not be made less than 3 months after
3the date when the judgment is entered.
SB621,7 4Section 7. 846.102 (3) (a) 1. of the statutes is amended to read:
SB621,4,95 846.102 (3) (a) 1. Hold a sale of the mortgaged premises and have the sale
6confirmed under s. 846.165 846.17. Any sale of the mortgaged premises may be held
7at any time after the expiration of 5 weeks from the date when the judgment is
8entered. Notice of the time and place of sale shall be given under ss. 815.31 and s.
9846.16 (1) and may be given at any time within the 12-month period.
SB621,8 10Section 8. 846.103 (1) of the statutes is amended to read:
SB621,4,1811 846.103 (1) No foreclosure sale involving real property other than a one-family
12to 4-family residence that is owner-occupied at the commencement of the
13foreclosure action, a farm, a church, or a tax-exempt nonprofit charitable
14organization may be held until the expiration of 6 months from the date when the
15judgment is entered except a sale under sub. (2). Notice of the time and place of sale
16shall be given under ss. 815.31 and s. 846.16 (1) and may be given within the 6-month
17period, except that the first printing of the notice shall not be made less than 4
18months after the date when the judgment is entered.
SB621,9 19Section 9. 846.103 (2) of the statutes is amended to read:
SB621,5,1320 846.103 (2) If the mortgagor of real property other than a one-family to
214-family residence that is owner-occupied at the commencement of the foreclosure
22action, a farm, a church, or a tax-exempt nonprofit charitable organization has
23agreed in writing at the time of the execution of the mortgage to the provisions of this
24section, the plaintiff in a foreclosure action of a mortgage, which mortgage is recorded
25subsequent to May 12, 1978, may elect by express allegation in the complaint to

1waive judgment for any deficiency which that may remain due to the plaintiff after
2sale of the mortgaged premises against every party who is personally liable for the
3debt secured by the mortgage, and to consent that the mortgagor, unless he or she
4abandons the property, may remain in possession of the mortgaged premises and be
5entitled to all rents, issues, and profits therefrom to the date of confirmation of the
6sale by the court. When the plaintiff so elects, judgment shall be entered as provided
7in this chapter, except that no judgment for deficiency may be ordered nor separately
8rendered against any party who is personally liable for the debt secured by the
9mortgage and the sale of the mortgaged premises shall be made upon the expiration
10of 3 months from the date when the judgment is entered. Notice of the time and place
11of sale shall be given under ss. 815.31 and s. 846.16 (1) and may be given within the
123-month period, except that the first printing of the notice shall not be made less
13than one month after the date when the judgment is entered.
SB621,10 14Section 10. 846.16 (title) of the statutes is amended to read:
SB621,5,16 15846.16 (title) Notice and report of sale; sale of mortgaged premises;
16procedures after sale
.
SB621,11 17Section 11. 846.16 (1) (title) of the statutes is created to read:
SB621,5,1818 846.16 (1) (title) Notice of sale.
SB621,12 19Section 12. 846.16 (1) of the statutes is renumbered 846.16 (1) (a) and
20amended to read:
SB621,5,2521 846.16 (1) (a) Notice of in-person sale. The Except as provided in par. (b), the
22sheriff or referee who makes sale of mortgaged premises, under a judgment therefor,
23shall give notice of the time and place of sale in the manner provided by law for the
24sale of real estate upon execution
as provided under s. 815.31 or in such other manner
25as the court shall in the judgment direct; where.
SB621,6,17
1(c) Notice to department of veterans affairs. In addition to providing notice of
2sale under par. (a) or (b), if
the department of veterans affairs is also a party in the
3foreclosure action, the judgment shall direct that notice of sale be given by registered
4mail, return receipt requested, to the department at Madison, Wisconsin, at least 3
5weeks prior to the date of sale, but such requirement does not affect any other
6provision as to giving notice of sale. Except as provided in sub. (3) and s. 846.167,
7the sheriff or referee shall, within 10 days thereafter, file with the clerk of the court
8a report of the sale, and shall also immediately after the sale first deduct any fee due
9under s. 77.22 (1); then deposit that fee, a return under s. 77.22 and the deed with
10the clerk of the court for transmittal to the register of deeds; then deduct the costs
11and expenses of the sale, unless the court orders otherwise, and then deposit with
12the clerk of the court the proceeds of the sale ordered by the court. The sheriff may
13accept from the purchaser at such sale as a deposit or down payment upon the same
14not less than $100, in which case such amount shall be so deposited with the clerk
15of the court as above provided, and the balance of the sale price shall be paid to the
16clerk by the purchaser at such sale upon the confirmation thereof. If the highest bid
17is less than $100, the whole amount thereof shall be so deposited
.
SB621,13 18Section 13. 846.16 (1) (b) of the statutes is created to read:
SB621,6,2119 846.16 (1) (b) Notice of Internet-based sale. If a sale is conducted under sub.
20(2m) (b), the sheriff or referee who makes sale of mortgaged premises shall give notice
21of the time and place of sale as provided under par. (a), except as follows:
SB621,7,422 1. Section 815.31 (1) does not apply to the sale. The sheriff or referee shall
23publicly advertise the time and place of holding the sale by posting, at least 3 weeks
24prior to the date of the sale, a written notice describing the mortgaged premises to
25be sold with reasonable certainty in one public place in the city, village, or town where

1the mortgaged premises are located and, if the county where the mortgaged premises
2are located maintains an Internet site, on that Internet site. If the city, village, or
3town where the mortgaged premises are located maintains an Internet site, the city,
4village, or town may post the notice on that Internet site.
SB621,7,55 2. The notice shall include all of the following information:
SB621,7,66 a. A statement that the sale will be conducted using an Internet-based auction.
SB621,7,87 b. The address of the Internet site where the Internet-based auction will be
8conducted.
SB621,7,109 c. The time period during which bids for the mortgaged premises may be
10submitted.
SB621,7,1411 d. Instructions on how the general public may observe the Internet-based
12auction and on how a person may participate in the auction, including any
13prerequisites to participation that may apply, or the address of an Internet site where
14those instructions are posted.
SB621,7,1515 e. A description of the terms of sale that apply to the Internet-based auction.
SB621,14 16Section 14. 846.16 (2) of the statutes is renumbered 846.16 (2m) (a) 2. and
17amended to read:
SB621,7,2518 846.16 (2m) (a) 2. If the judgment creditor is the purchaser at a sale of
19mortgaged premises,
the judgment creditor may give his or her the judgment
20creditor's
receipt to the sheriff or referee for any sum not exceeding the amount of
21the
judgment creditor's judgment and such. The receipt shall be deemed is
22considered
a down payment, but in every case the purchaser shall pay the cost of sale;
23and if the sum due the creditor
under subd. 1. If the judgment creditor is the
24purchaser and the sum due to the creditor
is less than the purchase price, the
25judgment creditor shall pay the difference to the sheriff or referee at the time of sale.
SB621,15
1Section 15. 846.16 (2m) (title) of the statutes is created to read:
SB621,8,22 846.16 (2m) (title) Sale of mortgaged premises.
SB621,16 3Section 16. 846.16 (2m) (a) (title) of the statutes is created to read:
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