AB720,3,73 846.10 (2) (a) (intro.) Any party may become a purchaser. No Except for a sale
4under s. 846.101 or 846.102 and except as provided in pars. (b) and (c), no
sale
5involving a one- one-family to 4-family residence that is owner-occupied at the
6commencement of the foreclosure action, a farm, a church, or a tax-exempt nonprofit
7charitable organization may be held until except as follows:
AB720,3,15 81. If the mortgage was recorded before the effective date of this subdivision ....
9[LRB inserts date], upon
the expiration of 12 months from the date when the
10judgment is entered, except a sale under s. 846.101 or 846.102. Notice of the time
11and place of sale shall be given under ss. 815.31 and 846.16 and may be given within
12the 12-month period, except that the first printing of the notice shall not be made
13less than 10 months after the date when the judgment is entered, and except that the
14sale of a farm shall not be made or advertised until the expiration of one year from
15the date when such the judgment is entered.
AB720,3,17 16(b) In all cases the parties may, by stipulation , filed with the clerk, consent to
17an earlier sale.
AB720,3,19 18(c) Sales under foreclosure of mortgages given by any railroad corporation may
19be made immediately after the rendition of the judgment.
AB720,2 20Section 2. 846.10 (2) (a) 2. of the statutes is created to read:
AB720,4,2
1846.10 (2) (a) 2. If the mortgage was recorded on or after the effective date of
2this subdivision .... [LRB inserts date]:
AB720,4,93 a. Except as provided in subd. 2. b., upon the expiration of 6 months from the
4date when the judgment is entered. Notice of the time and place of sale shall be given
5under ss. 815.31 and 846.16 and may be given within the 6-month period, except that
6the first printing of the notice shall not be made less than 4 months after the date
7when the judgment is entered, and except that the sale of a farm shall not be made
8or advertised until the expiration of 6 months from the date when the judgment is
9entered.
AB720,4,1910 b. Upon motion of the mortgagor before judgment is entered, if the court finds
11that the mortgagor is attempting in good faith to sell the mortgaged premises and
12has entered into a listing agreement with a real estate broker licensed under ch. 452
13to sell the mortgaged premises, upon the expiration of 8 months from the date when
14the judgment is entered. Notice of the time and place of sale shall be given under ss.
15815.31 and 846.16 and may be given within the 8-month period, except that the first
16printing of the notice shall not be made less than 6 months after the date when the
17judgment is entered, and except that the sale of a farm shall not be made or
18advertised until the expiration of 8 months from the date when the judgment is
19entered.
AB720,3 20Section 3. 846.101 (1) of the statutes is amended to read:
AB720,5,721 846.101 (1) If the mortgagor has agreed in writing at the time of the execution
22of the mortgage to the provisions of this section, and the foreclosure action involves
23a one- one-family to 4-family residence that is owner-occupied at the
24commencement of the foreclosure action, a farm, a church, or a tax-exempt nonprofit
25charitable organization, the plaintiff in a foreclosure action of a mortgage on real

1estate of 20 acres or less, which mortgage is recorded subsequent to January 22,
21960, may elect by express allegation in the complaint to waive judgment for any
3deficiency which may remain due to the plaintiff after sale of the mortgaged premises
4against every party who is personally liable for the debt secured by the mortgage, and
5to consent that the mortgagor, unless he or she abandons the property, may remain
6in possession of the mortgaged property premises and be entitled to all rents, issues,
7and profits therefrom to the date of confirmation of the sale by the court.
AB720,4 8Section 4. 846.101 (2) of the statutes is renumbered 846.101 (2) (a) and
9amended to read:
AB720,5,1310 846.101 (2) (a) When the plaintiff so elects, judgment shall be entered as
11provided in this chapter, except that no judgment for deficiency may be ordered
12therein nor separately rendered against any party who is personally liable for the
13debt secured by the mortgage and.
AB720,5,20 14(b) If the mortgage was recorded before the effective date of this paragraph ....
15[LRB inserts date],
the sale of such the mortgaged premises shall be made upon the
16expiration of 6 months from the date when such the judgment is entered. Notice of
17the time and place of sale shall be given under ss. 815.31 and 846.16 and may be given
18within such the 6-month period, except that the first printing of a copy of such the
19notice in a newspaper shall not be made less than 4 months after the date when such
20the judgment is entered.
AB720,5 21Section 5. 846.101 (2) (c) of the statutes is created to read:
AB720,5,2422 846.101 (2) (c) If the mortgage was recorded on or after the effective date of this
23paragraph .... [LRB inserts date], the sale of the mortgaged premises shall be made
24as follows:
AB720,6,5
11. Except as provided in subd. 2., upon the expiration of 3 months from the date
2when the judgment is entered. Notice of the time and place of sale shall be given
3under ss. 815.31 and 846.16 and may be given within the 3-month period, except that
4the first printing of the notice shall not be made less than one month after the date
5when the judgment is entered.
AB720,6,136 2. Upon motion of the mortgagor before judgment is entered, if the court finds
7that the mortgagor is attempting in good faith to sell the mortgaged premises and
8has entered into a listing agreement with a real estate broker licensed under ch. 452
9to sell the mortgaged premises, upon the expiration of 5 months from the date when
10the judgment is entered. Notice of the time and place of sale shall be given under ss.
11815.31 and 846.16 and may be given within the 5-month period, except that the first
12printing of the notice shall not be made less than 3 months after the date when the
13judgment is entered.
AB720,6 14Section 6. 846.102 (1) of the statutes is amended to read:
AB720,7,215 846.102 (1) In an action for enforcement of a mortgage lien, and upon motion
16of the plaintiff or the city, town, village, or county where the mortgaged premises are
17located,
if the court makes an affirmative finding upon proper evidence being
18submitted that the mortgaged premises have been abandoned by the mortgagor and
19the mortgagor's assigns, judgment shall be entered as provided in s. 846.10 except
20that the sale of such mortgaged premises shall be made upon the expiration of 5
21weeks from the date when such judgment is entered. Notice of the time and place
22of sale shall be given under ss. 815.31 and 846.16 and placement of the notice may
23commence when judgment is entered
sub. (3) or (4). In this section, "abandoned"
24means the relinquishment of possession or control of the mortgaged premises

1whether or not the mortgagor or the mortgagor's assigns have relinquished equity
2and title.
AB720,7 3Section 7. 846.102 (3) and (4) of the statutes are created to read:
AB720,7,104 846.102 (3) (a) If the court finds that the mortgaged premises have been
5abandoned under sub. (1), and the foreclosure action involves a one-family to
64-family residence that is owner-occupied at the commencement of the foreclosure
7action, a farm, a church, or a tax-exempt nonprofit charitable organization,
8judgment shall be entered as provided in s. 846.10, except that the plaintiff shall, no
9later than 12 months from the date when the judgment is entered, do one of the
10following:
AB720,7,1311 1. Hold a sale of the mortgaged premises and have the sale confirmed under
12s. 846.165. Notice of the time and place of sale shall be given under ss. 815.31 and
13846.16 and may be given at any time within the 12-month period.
AB720,7,1714 2. Release or satisfy the mortgage lien and vacate the judgment of foreclosure.
15If the plaintiff presents evidence that the mortgage lien has been released or satisfied
16and requests that the judgment of foreclosure be vacated, the court shall vacate the
17judgment of foreclosure with prejudice.
AB720,7,2118 (b) If, 12 months after the date when the judgment is entered, the plaintiff has
19not completed an action under par. (a) 1. or 2., any party to the action or the city, town,
20village, or county where the mortgaged premises are located may petition the court
21for an order compelling a sale of the mortgaged premises.
AB720,8,5 22(4) If the court finds that the mortgaged premises have been abandoned under
23sub. (1), and the foreclosure action involves real property other than a one-family to
244-family residence that is owner-occupied at the commencement of the foreclosure
25action, a farm, a church, or a tax-exempt nonprofit charitable organization,

1judgment shall be entered as provided in s. 846.10, except that the mortgaged
2premises need not be sold, but any sale of the mortgaged premises may be held at any
3time after the expiration of 5 weeks from the date when the judgment is entered.
4Notice of the time and place of sale, if any, shall be given under ss. 815.31 and 846.16
5and may be given at any time after the judgment is entered.
AB720,8 6Section 8. 846.103 (1) of the statutes is amended to read:
AB720,8,147 846.103 (1) No foreclosure sale involving real property other than a one-
8one-family to 4-family residence that is owner-occupied at the commencement of
9the foreclosure action, a farm, a church, or a tax-exempt nonprofit charitable
10organization may be held until the expiration of 6 months from the date when the
11judgment is entered except a sale under sub. (2). Notice of the time and place of sale
12shall be given under ss. 815.31 and 846.16 and may be given within the 6-month
13period, except that the first printing of the notice shall not be made less than 4
14months after the date when the judgment is entered.
AB720,9 15Section 9. 846.103 (2) of the statutes is amended to read:
AB720,9,916 846.103 (2) If the mortgagor of real property other than a one- one-family to
174-family residence that is owner-occupied at the commencement of the foreclosure
18action, a farm, a church, or a tax-exempt nonprofit charitable organization has
19agreed in writing at the time of the execution of the mortgage to the provisions of this
20section, the plaintiff in a foreclosure action of a mortgage, which mortgage is recorded
21subsequent to May 12, 1978, may elect by express allegation in the complaint to
22waive judgment for any deficiency which may remain due to the plaintiff after sale
23of the mortgaged premises against every party who is personally liable for the debt
24secured by the mortgage, and to consent that the mortgagor, unless he or she
25abandons the property, may remain in possession of the mortgaged property

1premises and be entitled to all rents, issues , and profits therefrom to the date of
2confirmation of the sale by the court. When the plaintiff so elects, judgment shall be
3entered as provided in this chapter, except that no judgment for deficiency may be
4ordered nor separately rendered against any party who is personally liable for the
5debt secured by the mortgage and the sale of the mortgaged premises shall be made
6upon the expiration of 3 months from the date when such the judgment is entered.
7Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 and
8may be given within the 3-month period, except that the first printing of the notice
9shall not be made less than one month after the date when the judgment is entered.
AB720,10 10Section 10. Initial applicability.
AB720,9,1211 (1) The treatment of section 846.102 (1), (3), and (4) of the statutes first applies
12to foreclosure actions commenced on the effective date of this subsection.
AB720,9,1313 (End)
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