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:
SB621,8,54 846.16 (2m) (a) (title) Payment of purchase price and costs of sale; deposit or
5down payment.
SB621,17 6Section 17. 846.16 (2m) (a) 1. of the statutes is created to read:
SB621,8,157 846.16 (2m) (a) 1. The sheriff or referee may accept not less than $100 as a
8deposit or down payment from the purchaser at a sale of mortgaged premises. If the
9purchaser gives a deposit or down payment, the sheriff or referee shall deliver the
10amount of the deposit or down payment to the clerk of court as provided in sub. (3)
11(bm) or (c), and the purchaser shall pay the balance of the purchase price to the clerk
12of court upon the confirmation of the sale as provided in s. 846.17 (5). If the highest
13bid is less than $100 and the purchaser gives that amount as a deposit or down
14payment, the sheriff or referee shall deliver the whole amount of the deposit or down
15payment to the clerk of court.
SB621,18 16Section 18. 846.16 (2m) (a) 3. of the statutes is created to read:
SB621,8,1817 846.16 (2m) (a) 3. In all cases, the purchaser at a sale of mortgaged premises
18shall pay the costs of the sale.
SB621,19 19Section 19. 846.16 (2m) (b) of the statutes is created to read:
SB621,8,2420 846.16 (2m) (b) Internet-based sale. 1. A county may enact an ordinance that
21requires the sheriff or referee to conduct, or engage a 3rd party to conduct, sales of
22mortgaged premises in the county using an Internet-based auction. The sheriff or
23referee in a county that enacts such an ordinance shall conduct all sales of mortgaged
24premises in the county using Internet-based auctions.
SB621,9,5
12. If the sheriff or referee conducts a sale using an Internet-based auction, the
2sheriff or referee may accept payment of any amounts paid to the sheriff or referee
3under par. (a) by credit card, debit card, or other electronic payment method and may
4charge a surcharge to the payer to recover charges associated with accepting the
5electronic payment.
SB621,20 6Section 20. 846.16 (3) (title) of the statutes is created to read:
SB621,9,77 846.16 (3) (title) Procedures after sale.
SB621,21 8Section 21. 846.16 (3) of the statutes is renumbered 846.16 (3) (c).
SB621,22 9Section 22. 846.16 (3) (am) of the statutes is created to read:
SB621,9,1410 846.16 (3) (am) Execution of deed. After a sale of mortgaged premises under
11sub. (2m) and upon compliance with the terms of the sale, the sheriff or referee shall
12make and execute to the purchaser, the purchaser's assigns, or personal
13representatives a deed of the mortgaged premises sold that sets forth each parcel of
14land sold to the purchaser and the purchase price paid for each parcel.
SB621,23 15Section 23. 846.16 (3) (bm) of the statutes is created to read:
SB621,9,1816 846.16 (3) (bm) Deductions from proceeds; transmittals to clerk of court. Except
17as provided in par. (c) and s. 846.167, after a sale of mortgaged premises under sub.
18(2m), the sheriff or referee shall do all of the following:
SB621,9,2019 1. No later than 10 days after the sale, file with the clerk of court a report of
20the sale.
SB621,9,2421 2. Immediately after the sale, deduct any transfer fee due under s. 77.22 (1)
22and, upon compliance with the terms of the sale, deliver the transfer fee, a transfer
23return under s. 77.22, and the deed executed under par. (am) to the clerk of court for
24transmittal to the register of deeds.
SB621,10,3
13. Immediately after the sale, deduct the costs and expenses of the sale, unless
2the court orders otherwise, and deliver the proceeds of the sale ordered by the court
3to the clerk of court.
SB621,24 4Section 24. 846.16 (3) (c) (title) of the statutes is created to read:
SB621,10,65 846.16 (3) (c) (title) Deductions from proceeds and transmittals to clerk of court
6in populous counties.
SB621,25 7Section 25. 846.16 (3) (d) of the statutes is created to read:
SB621,10,108 846.16 (3) (d) Deed held until confirmation. The clerk of court shall hold a deed
9delivered to the clerk of court under par. (bm) 2. or (c) 2. a. until confirmation of the
10sale under s. 846.17.
SB621,26 11Section 26. 846.165 (1) of the statutes is renumbered 846.165.
SB621,27 12Section 27. 846.165 (2) of the statutes is renumbered 846.17 (1) and amended
13to read:
SB621,10,2014 846.17 (1) Determination of fair value of mortgaged premises. In case the If
15mortgaged premises sell for less than the amount due and to become due on the
16mortgage debt and costs of sale, there shall be is no presumption that such the
17mortgaged
premises sold for their fair value, and no sale shall be confirmed and the
18court may not confirm the sale or render a
judgment for deficiency rendered, until
19the court is satisfied that the fair value of the mortgaged premises sold has been
20credited on the mortgage debt, interest, and costs.
SB621,28 21Section 28. 846.167 (2) (b) 2. a. of the statutes is amended to read:
SB621,10,2322 846.167 (2) (b) 2. a. The deed to the mortgaged premises delivered under s.
23846.16 (3) (c) 2. a.
SB621,29 24Section 29. 846.167 (3) of the statutes, as affected by 2017 Wisconsin Act 59,
25is amended to read:
SB621,11,8
1846.167 (3) Upon the court confirming the sale of mortgaged premises located
2in a county and upon compliance by the purchaser with the terms of the sale and the
3payment of any balance of the sale price to be paid, unless otherwise ordered by the
4court, the clerk of the court shall transmit the deed to the mortgaged premises
5received under s. 846.16 (3) (c) 2. a., the receipt for submitting a transfer return
6under s. 77.22, the amount due under s. 59.43 (2) to record the deed and any other
7document required to record the deed, and the transfer fee, if any, to the register of
8deeds of the county.
SB621,30 9Section 30. 846.17 (title) of the statutes is amended to read:
SB621,11,11 10846.17 (title) Deed, execution and Confirmation of sale; payment of sale
11proceeds;
effect of deed.
SB621,31 12Section 31. 846.17 of the statutes is renumbered 846.17 (4) and amended to
13read:
SB621,12,714 846.17 (4) Effect of deed upon confirmation. Upon any such sale being made
15the sheriff or referee making the same, on compliance with its terms, shall make and
16execute to the purchaser, the purchaser's assigns or personal representatives, a deed
17of the premises sold, setting forth each parcel of land sold to the purchaser and the
18sum paid therefor, which deed, upon
Except as provided in sub. (5), upon
19confirmation of such a sale , of mortgaged premises, the deed executed under s. 846.16
20(3) (am)
shall vest in the purchaser, the purchaser's assigns , or personal
21representatives, all the right, title, and interest of the mortgagor, the mortgagor's
22heirs, personal representatives, and assigns in and to the premises sold and shall be
23is a bar to all claim, right of equity of redemption therein, of and against the parties
24to such the action, their heirs and, personal representatives, and also against all
25persons claiming under them subsequent to the filing of the notice of the pendency

1of the action in which such judgment was rendered; and the purchaser, the
2purchaser's heirs, or assigns shall be let into the possession of the premises so sold
3on production of such the deed or a duly certified copy thereof of the deed, and the
4court may, if necessary, issue a writ of assistance to deliver such that possession.
5Such deed or deeds so executed by the sheriff as above set forth shall be forthwith
6delivered by the sheriff to the clerk of the court to be held by the clerk until the
7confirmation of the sale, and upon the
SB621,12,16 8(3) Payment of sale proceeds and delivery of deed upon confirmation. Upon
9confirmation thereof of a sale of mortgaged premises, the clerk of the court shall
10thereupon pay to the parties entitled thereto, or to their attorneys, the proceeds of
11the sale, and, except as provided in sub. (5) and s. 846.167, and upon compliance by
12the purchaser with the terms of the sale, the clerk of court
shall deliver to the
13purchaser, the purchaser's assigns, or personal representatives, at the sale such of
14the mortgage premises the
deed upon compliance by such purchaser with the terms
15of such sale, and the payment of any balance of the sale price to be paid
delivered to
16the clerk of court under s. 846.16 (3) (bm) 2. or (c) 2. a
.
SB621,12,21 17(5) Payment of purchase price; failure of purchaser to pay. In the event of the
18failure of such
Within 10 days after the court confirms a sale of mortgaged premises,
19the
purchaser to shall pay any part of the purchase price remaining to be paid within
2010 days after the confirmation of such sale, the
. If the purchaser fails to make that
21payment, all of the following apply:
SB621,12,23 22(a) The purchaser shall forfeit the amount so deposited shall be forfeited and
23paid
delivered to the clerk of court under s. 846.16 (3) (bm) 2. and 3. or (c) 2. b.
SB621,13,3
1(b) The clerk of court shall pay the amount forfeited under par. (a) to the parties
2who that would be entitled to the proceeds of such the sale as ordered by the court,
3and a resale
.
SB621,13,5 4(c) The mortgaged premises shall be had of said premises, and in such event
5such
resold.
SB621,13,8 6(d) The clerk of court shall destroy the deed so executed to the defaulting
7purchaser shall be destroyed by said clerk under s. 846.16 (3) (am), and shall be that
8deed is
of no effect.
SB621,13,15 9(2) No confirmation of sale. In the event that such sale is not confirmed by
10If the court does not confirm a sale of mortgaged premises, the clerk of court shall
11forthwith refund to the purchaser at such the sale the amount so paid or deposited
12by the purchaser,
delivered to the clerk of court under s. 846.16 (3) (bm) 2. and 3. or
13(c) 2. b.
and shall likewise destroy such the sheriff's deed so executed under s. 846.16
14(3) (am)
, and the same shall be that deed is of no effect, and a resale of the mortgaged
15premises shall be had upon due notice thereof of the resale.
SB621,13,1616 (End)
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