Right to pay what is due and end or stay the case, and to redeem before the sale
Wis. Stat. § 846.05
In plain words
When only some installments are due, paying the past-due principal, interest and costs into court before judgment gets the case dismissed; after judgment it stays the case. After judgment you can also redeem by paying the full judgment, interest and costs any time before the sheriff’s sale. Wisconsin gives a waiting (redemption) period between judgment and sale.
Who is protected
Mortgagors (and heirs or assigns) in a Wisconsin foreclosure.
When it applies
- Only in Wisconsin.
- Only after a notice of default or once a sale date is set.
What you can do
Put the deadline on your calendar
Enter the date on your notice so Techoclaro can count the days and remind you.
Open the toolAsk for a reinstatement or redemption figure
Request the exact amounts in writing.
Deadline: Before judgment (dismissal) or before the sheriff’s sale (redemption)
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- If the whole loan was accelerated, § 846.05 may not apply; redemption requires the full judgment.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawPaying installments due
Wis. Stat. § 846.05
What it says: Paying the principal and interest due with costs before judgment dismisses the action.
Read the official texthttps://docs.legis.wisconsin.gov/statutes/statutes/846/05 - State lawRedemption before sale
Wis. Stat. § 846.13
What it says: The mortgagor may redeem at any time before the sale by paying the judgment, interest and costs.
Read the official texthttps://docs.legis.wisconsin.gov/statutes/statutes/846/13
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to answer the foreclosure complaint (20 days)
Wis. Stat. § 802.06(1)
Wisconsin foreclosures go through circuit court. You generally have 20 days after you are served with the complaint to serve an answer. Many counties also offer mediation through the Wisconsin Foreclosure Mediation Network.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this rightNo lies or misleading claims by debt collectors
15 U.S.C. § 1692e
A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.
Read this right