846.04.Deficiency, judgment for.

Ch. 846: Real Estate Foreclosure · Last amended 2009 · Last verified July 15, 2026

In one sentenceSection 846.04 lets a foreclosing plaintiff ask for judgment against every personally liable party for whatever debt the sale proceeds do not cover, and it sets separate recording and time-limit rules for deficiency judgments tied to agricultural property.

Full Text of Section 846.04

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(1) The plaintiff may, in the complaint, demand judgment for any deficiency that may remain due the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage. Judgment may be rendered for any deficiency remaining after applying the proceeds of sale to the amount due. The judgment for deficiency shall be ordered in the original judgment and separately rendered against the party liable on or after the confirmation of sale. The judgment for deficiency shall be entered in the judgment and lien docket and, except as provided in subs. (2) and (3), enforced as in other cases. A mortgage foreclosure deficiency judgment entered on or after October 14, 1997, on property under agricultural use, as defined in s. 91.01 (2), for at least 12 consecutive months during the preceding 36month period shall be recorded as an agriculture judgment.

(2) Except as provided in sub. (3), if a mortgage foreclosure deficiency judgment is entered on property under agricultural use, as defined in s. 91.01 (2), for at least 12 consecutive months during the preceding 36-month period, an action on the deficiency judgment shall be commenced within 10 years after the date on which the mortgage foreclosure deficiency judgment is entered or be barred.

(3) If a mortgage foreclosure deficiency judgment was entered before January 1, 1990, on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 2 years after October 14, 1997, or be barred. If the deficiency judgment remains unsatisfied in a mortgage foreclosure deficiency judgment action entered before October 14, 1997, the defendant in that action shall notify the clerk of circuit court of the existence of that deficiency judgment and of the date that an action on that deficiency judgment shall be commenced or be barred. Not later than 60 days prior to 2 years after October 14, 1997, if notified of an unsatisfied deficiency judgment by the defendant in that action, the clerk of each circuit court in which a mortgage foreclosure deficiency judgment on property devoted primarily to agricultural use, as defined in s. 91.01 (5), was entered before January 1, 1990, and remains unsatisfied, shall, upon payment by the defendant in that action of the costs of the publication and certified mail, do all of the following:

(a) Publish a notice as a class 1 notice under ch. 985, in the official newspaper of the county where the mortgage foreclosure deficiency judgment was entered, stating that the party holding the mortgage foreclosure deficiency judgment is required to commence an action on the deficiency judgment prior to 2 years after October 14, 1997, or be barred from any further action on that deficiency judgment.

(b) Notify by certified mail the primary plaintiff in the action for the mortgage foreclosure deficiency judgment that the plaintiff is required to commence an action on the deficiency judgment prior to 2 years after October 14, 1997, or be barred from any further action on that deficiency judgment.

End

Plain-English Summary

When a foreclosure sale does not bring in enough to pay off the mortgage debt, Section 846.04 lets the plaintiff go after the shortfall. The plaintiff has to ask for it in the complaint, against every party personally liable on the debt. The court can order that deficiency judgment as part of the original judgment, but it is not entered against a party until on or after the sale is confirmed. Once entered, it goes into the judgment and lien docket and is enforced the same as any other judgment.

Farm mortgages get separate treatment. A deficiency judgment entered on or after October 14, 1997, on property that has been in agricultural use for at least 12 of the preceding 36 months gets recorded as an agriculture judgment. That label carries a consequence: an action to enforce that deficiency judgment has to start within 10 years of the date it was entered, or it is barred for good.

The section also closes out a class of older agricultural deficiency judgments. For one entered before January 1, 1990, on property devoted primarily to agricultural use, the holder had only until two years after October 14, 1997, to sue on it. To help make sure holders knew their clock was running, a defendant with an unsatisfied judgment from that era had to notify the clerk of court, who would then publish notice in the local newspaper and send certified mail to the plaintiff warning that time was about to run out.

Frequently Asked Questions

Can a lender get a judgment against me personally if the foreclosure sale does not cover the full debt?

Yes, if the plaintiff demanded it in the complaint. Section 846.04 lets the plaintiff seek judgment for any deficiency remaining after the sale against every party personally liable on the mortgage debt.

When does the court enter a deficiency judgment against me?

It is ordered as part of the original judgment, but rendered separately against the liable party on or after the confirmation of the sale, not before.

Does a farm mortgage deficiency judgment work differently from an ordinary one?

Yes. If the property was in agricultural use for at least 12 of the preceding 36 months and the judgment was entered on or after October 14, 1997, it is recorded as an agriculture judgment, and an action on it must be brought within 10 years or it is barred.

What happened to old deficiency judgments on farmland entered before 1990?

Section 846.04 gave holders of those judgments only until two years after October 14, 1997, to sue on them, and set up a notice process, involving the clerk of court, publication, and certified mail, to alert holders of unsatisfied judgments before that window closed.

Where is a deficiency judgment recorded once it is entered?

In the judgment and lien docket, and, except for the special agricultural time limits, it is enforced the same way as any other judgment.

Amendment History

History: 1973 c. 189 s. 7; Stats. 1973 s. 816.04; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.04; 1993 a. 486; 1995 a. 224; 1997 a. 27; 2009 a. 28.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source

Also known as: wisconsin deficiency judgment after foreclosure salefarm mortgage deficiency judgment wisconsinagriculture judgment foreclosure wisconsindeficiency judgment statute of limitations wisconsin846.04 wisconsin statute