State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 846 > 846.103

846.103

846.103 Foreclosures of commercial properties and multifamily residences.

846.103(1)

(1) No foreclosure sale involving real property other than a one- to 4-family residence that is owner-occupied at the commencement of the foreclosure action, a farm, a church or a tax-exempt nonprofit charitable organization may be held until the expiration of 6 months from the date when judgment is entered except a sale under sub. (2). Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 and may be given within the 6-month period except that the first printing of the notice shall not be made less than 4 months after the date when judgment is entered.

846.103(2)

(2) If the mortgagor of real property other than a one- to 4-family residence that is owner-occupied at the commencement of the foreclosure action, a farm, a church or a tax-exempt nonprofit charitable organization has agreed in writing at the time of the execution of the mortgage to the provisions of this section, the plaintiff in a foreclosure action of a mortgage, which mortgage is recorded subsequent to May 12, 1978, may elect by express allegation in the complaint to waive judgment for any deficiency which may remain due to the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage, and to consent that the mortgagor, unless he or she abandons the property, may remain in possession of the mortgaged property and be entitled to all rents, issues and profits therefrom to the date of confirmation of the sale by the court. When the plaintiff so elects, judgment shall be entered as provided in this chapter, except that no judgment for deficiency may be ordered nor separately rendered against any party who is personally liable for the debt secured by the mortgage and the sale of the mortgaged premises shall be made upon the expiration of 3 months from the date when such judgment is entered. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 and may be given within the 3-month period except that first printing of the notice shall not be made less than one month after the date when judgment is entered.

846.103 - ANNOT.

History: 1977 c. 304.

846.103 - ANNOT.

The application of the reduced redemption period to a mortgage executed before enactment of ch. 304, laws of 1977, which created this section, would be an unconstitutional impairment of contract. Burke v. E. L. C. Investors, Inc. 110 Wis. 2d 406, 329 N.W.2d 259 (Ct. App. 1982).

846.103 - ANNOT.

As guarantors of payment when due, and not conditional guarantors, the defendants were principal obligors on guaranteed debts and primarily liable for the payment of those debts. As principal obligors and primarily liable for the debts secured by the mortgages being foreclosed, it follows that the guarantors were personally liable for the debts secured by the mortgages under sub. (2) and the plaintiff was prevented from obtaining a default judgment against the defendants. Bank Mutual v. S.J. Boyer Construction, Inc. 2009 WI App 14, 316 Wis. 2d 266, 762 N.W.2d 826, 08-0912.