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LRBs0247/1
KRP:emw&ahe
2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 621
January 17, 2018 - Offered by Senator Olsen.
SB621-SSA1,2,2 1An Act to repeal 846.16 (2m) (intro.) (except 846.16 (2m) (title)); to renumber
2846.165 (1); to renumber and amend 846.16 (1) (b), 846.16 (1) (c), 846.16 (3m)
3(a) (intro.), 1. and 2., 846.16 (3m) (b) and 846.165 (2); to amend 846.10 (2) (a)
41., 846.10 (2) (a) 2. a., 846.10 (2) (a) 2. b., 846.101 (2) (b), 846.101 (2) (c) 1.,
5846.101 (2) (c) 2., 846.102 (3) (a) 1., 846.103 (1), 846.103 (2), 846.16 (title),
6846.16 (1) (title), 846.16 (1) (a), 846.16 (2m) (b) 2. a., 846.16 (4) (title), 846.16
7(4) (a), 846.16 (4) (b) and 846.16 (4) (c); and to create 846.16 (1) (bm), 846.16
8(1g) (title), 846.16 (1g) (a) (title), 846.16 (1g) (b), 846.16 (1r) (title), 846.16 (1r)
9(b) (title), 846.16 (1r) (c), 846.16 (2m) (a) (title), 846.16 (2m) (am), 846.16 (2m)
10(b) (title), 846.16 (2m) (b) 3. and 846.16 (2m) (c) (title) of the statutes; relating

1to:
authorizing counties to conduct foreclosure sales using an Internet-based
2auction.
Analysis by the Legislative Reference Bureau
This substitute amendment modifies 2017 Assembly Bill 690 (the bill) to reflect
changes in the law as a result of the enactment of 2017 Wisconsin Act 104.
The substitute amendment also requires all of the following:
1. If the sheriff or referee engages a third party to conduct Internet-based
auctions in a county, the third party must be registered as an auctioneer by the
Department of Safety and Professional Services.
2. Notice of sale of an Internet-based auction must describe any lien or other
encumbrance on the mortgaged premises that has priority over the mortgage that
is the subject of the foreclosure action (priority liens).
3. The person conducting an Internet-based auction must, on the Internet site
where the Internet-based auction is conducted, provide any potential bidder with a
conspicuous statement identifying the priority liens.
For further information, see the analysis for the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB621-SSA1,1 3Section 1. 846.10 (2) (a) 1. of the statutes, as affected by 2017 Wisconsin Act
4104
, is amended to read:
SB621-SSA1,2,115 846.10 (2) (a) 1. If the mortgage was executed before April 27, 2016, upon the
6expiration of 12 months from the date when the judgment is entered. Notice of the
7time and place of sale shall be given under ss. 815.31 and s. 846.16 (1) and may be
8given within the 12-month period, except that the first printing of the notice shall
9not be made less than 10 months after the date when the judgment is entered, and
10except that the sale of a farm shall not be made or advertised until the expiration of
11one year from the date when the judgment is entered.
SB621-SSA1,2 12Section 2. 846.10 (2) (a) 2. a. of the statutes, as affected by 2017 Wisconsin Act
13104
, is amended to read:
SB621-SSA1,3,7
1846.10 (2) (a) 2. a. Except as provided in subd. 2. b., upon the expiration of 6
2months from the date when the judgment is entered. Notice of the time and place
3of sale shall be given under ss. 815.31 and s. 846.16 (1) and may be given within the
46-month period, except that the first printing of the notice shall not be made less
5than 4 months after the date when the judgment is entered, and except that the sale
6of a farm shall not be made or advertised until the expiration of 6 months from the
7date when the judgment is entered.
SB621-SSA1,3 8Section 3. 846.10 (2) (a) 2. b. of the statutes, as affected by 2017 Wisconsin Act
9104
, is amended to read:
SB621-SSA1,3,1910 846.10 (2) (a) 2. b. Upon motion of the mortgagor before judgment is entered,
11if the court finds that the mortgagor is attempting in good faith to sell the mortgaged
12premises and has entered into a listing agreement with a real estate broker licensed
13under ch. 452 to sell the mortgaged premises, upon the expiration of 8 months from
14the date when the judgment is entered. Notice of the time and place of sale shall be
15given under ss. 815.31 and s. 846.16 (1) and may be given within the 8-month period,
16except that the first printing of the notice shall not be made less than 6 months after
17the date when the judgment is entered, and except that the sale of a farm shall not
18be made or advertised until the expiration of 8 months from the date when the
19judgment is entered.
SB621-SSA1,4 20Section 4. 846.101 (2) (b) of the statutes, as affected by 2017 Wisconsin Act
21104
, is amended to read:
SB621-SSA1,4,222 846.101 (2) (b) If the mortgage was executed before April 27, 2016, the sale of
23the mortgaged premises shall be made upon the expiration of 6 months from the date
24when the judgment is entered. Notice of the time and place of sale shall be given
25under ss. 815.31 and s. 846.16 (1) and may be given within the 6-month period,

1except that the first printing of the notice shall not be made less than 4 months after
2the date when the judgment is entered.
SB621-SSA1,5 3Section 5. 846.101 (2) (c) 1. of the statutes, as affected by 2017 Wisconsin Act
4104
, is amended to read:
SB621-SSA1,4,95 846.101 (2) (c) 1. Except as provided in subd. 2., upon the expiration of 3 months
6from the date when the judgment is entered. Notice of the time and place of sale shall
7be given under ss. 815.31 and s. 846.16 (1) and may be given within the 3-month
8period, except that the first printing of the notice shall not be made less than one
9month after the date when the judgment is entered.
SB621-SSA1,6 10Section 6. 846.101 (2) (c) 2. of the statutes, as affected by 2017 Wisconsin Act
11104
, is amended to read:
SB621-SSA1,4,1912 846.101 (2) (c) 2. Upon motion of the mortgagor before judgment is entered, if
13the court finds that the mortgagor is attempting in good faith to sell the mortgaged
14premises and has entered into a listing agreement with a real estate broker licensed
15under ch. 452 to sell the mortgaged premises, upon the expiration of 5 months from
16the date when the judgment is entered. Notice of the time and place of sale shall be
17given under ss. 815.31 and s. 846.16 (1) and may be given within the 5-month period,
18except that the first printing of the notice shall not be made less than 3 months after
19the date when the judgment is entered.
SB621-SSA1,7 20Section 7. 846.102 (3) (a) 1. of the statutes, as affected by 2017 Wisconsin Act
21104
, is amended to read:
SB621-SSA1,5,222 846.102 (3) (a) 1. Hold a sale of the mortgaged premises and have the sale
23confirmed under s. 846.165 846.16 (2m). Any sale of the mortgaged premises may
24be held at any time after the expiration of 5 weeks from the date when the judgment

1is entered. Notice of the time and place of sale shall be given under ss. 815.31 and
2s. 846.16 (1) and may be given at any time within the 12-month period.
SB621-SSA1,8 3Section 8. 846.103 (1) of the statutes, as affected by 2017 Wisconsin Act 104,
4is amended to read:
SB621-SSA1,5,125 846.103 (1) No foreclosure sale involving real property other than a one-family
6to 4-family residence that is owner-occupied at the commencement of the
7foreclosure action, a farm, a church, or a tax-exempt nonprofit charitable
8organization may be held until the expiration of 6 months from the date when the
9judgment is entered except a sale under sub. (2). Notice of the time and place of sale
10shall be given under ss. 815.31 and s. 846.16 (1) and may be given within the 6-month
11period, except that the first printing of the notice shall not be made less than 4
12months after the date when the judgment is entered.
SB621-SSA1,9 13Section 9. 846.103 (2) of the statutes, as affected by 2017 Wisconsin Act 104,
14is amended to read:
SB621-SSA1,6,815 846.103 (2) If the mortgagor of real property other than a one-family to
164-family residence that is owner-occupied at the commencement of the foreclosure
17action, a farm, a church, or a tax-exempt nonprofit charitable organization has
18agreed in writing at the time of the execution of the mortgage to the provisions of this
19section, the plaintiff in a foreclosure action of a mortgage, which mortgage is recorded
20subsequent to May 12, 1978, may elect by express allegation in the complaint to
21waive judgment for any deficiency that may remain due to the plaintiff after sale of
22the mortgaged premises against every party who is personally liable for the debt
23secured by the mortgage, and to consent that the mortgagor, unless he or she
24abandons the property, may remain in possession of the mortgaged premises and be
25entitled to all rents, issues, and profits therefrom to the date of confirmation of the

1sale by the court. When the plaintiff so elects, judgment shall be entered as provided
2in this chapter, except that no judgment for deficiency may be ordered nor separately
3rendered against any party who is personally liable for the debt secured by the
4mortgage and the sale of the mortgaged premises shall be made upon the expiration
5of 3 months from the date when the judgment is entered. Notice of the time and place
6of sale shall be given under ss. 815.31 and s. 846.16 (1) and may be given within the
73-month period, except that the first printing of the notice shall not be made less
8than one month after the date when the judgment is entered.
SB621-SSA1,10 9Section 10. 846.16 (title) of the statutes, as affected by 2017 Wisconsin Act
10104
, is amended to read:
SB621-SSA1,6,11 11846.16 (title) Notice of sale; sale; confirmation; transfer.
SB621-SSA1,11 12Section 11. 846.16 (1) (title) of the statutes, as created by 2017 Wisconsin Act
13104
, is amended to read:
SB621-SSA1,6,1414 846.16 (1) (title) Notice of sale and sale.
SB621-SSA1,12 15Section 12. 846.16 (1) (a) of the statutes, as affected by 2017 Wisconsin Act
16104
, is amended to read:
SB621-SSA1,6,2317 846.16 (1) (a) Notice of in-person sale. The Except as provided in par. (bm), the
18sheriff or referee who makes sale of mortgaged premises, under a judgment therefor,
19shall give notice of the time and place of sale in the manner provided by law for the
20sale of real estate upon execution
as provided under s. 815.31 or in such other manner
21as the court shall in the judgment direct. The sheriff or referee shall include in the
22notice of sale the street address, if any, of the real estate to be sold and the sum of
23the judgment. If
SB621-SSA1,7,4 24(cm) Notice to department of veterans affairs. In addition to providing notice
25of sale under par. (a) or (bm), if
the department of veterans affairs is also a party in

1the foreclosure action, the judgment shall direct that notice of sale be given by
2registered mail, return receipt requested, to the department at Madison, Wisconsin,
3at least 3 weeks prior to the date of sale, but such requirement does not affect any
4other provision as to giving notice of sale. Upon the
.
SB621-SSA1,7,9 5(1r) (a) Execution of deed. After a sale of the mortgaged premises under sub.
6(1g)
and upon compliance with its the terms of the sale, the sheriff or referee shall
7make and execute to the purchaser, the purchaser's assigns, or personal
8representatives a deed of the mortgaged premises sold that includes sets forth each
9parcel of land sold to the purchaser and the purchase price paid for each parcel.
SB621-SSA1,13 10Section 13. 846.16 (1) (b) of the statutes, as affected by 2017 Wisconsin Act
11104
, is renumbered 846.16 (1r) (b), and 846.16 (1r) (b) (intro.) and 2. a., as
12renumbered, are amended to read:
SB621-SSA1,7,1413 846.16 (1r) (b) (intro.) No later than 10 days after the a sale of the mortgaged
14premises under sub. (1g), the sheriff or referee shall do all of the following:
SB621-SSA1,7,1515 2. a. The deed to the mortgaged premises executed under par. (a).
SB621-SSA1,14 16Section 14. 846.16 (1) (bm) of the statutes is created to read:
SB621-SSA1,7,1917 846.16 (1) (bm) Notice of Internet-based sale. If a sale is conducted under sub.
18(1g) (b), the sheriff or referee who makes sale of mortgaged premises shall give notice
19of the time and place of sale as provided under par. (a), except as follows:
SB621-SSA1,8,220 1. Section 815.31 (1) does not apply to the sale. The sheriff or referee shall
21publicly advertise the time and place of holding the sale by posting, at least 3 weeks
22prior to the date of the sale, a written notice describing the mortgaged premises to
23be sold with reasonable certainty in one public place in the city, village, or town where
24the mortgaged premises are located and, if the county where the mortgaged premises
25are located maintains an Internet site, on that Internet site. If the city, village, or

1town where the mortgaged premises are located maintains an Internet site, the city,
2village, or town may post the notice on that Internet site.
SB621-SSA1,8,33 2. The notice also shall include all of the following information:
SB621-SSA1,8,44 a. A statement that the sale will be conducted using an Internet-based auction.
SB621-SSA1,8,65 b. The address of the Internet site where the Internet-based auction will be
6conducted.
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