Deed of Trust (Mortgage Alternative) - Wisconsin
DEED OF TRUST
(Mortgage Equivalent - Wisconsin)
State of Wisconsin
WHEN RECORDED RETURN TO:
[NAME]
[ADDRESS]
[CITY, STATE ZIP]
Date: [DATE]
Document Number: _________________ (Register of Deeds' Use)
Property Address: [PROPERTY ADDRESS, CITY, WI ZIP]
Parcel ID: [PARCEL ID]
IMPORTANT NOTICE - JUDICIAL FORECLOSURE STATE
WISCONSIN IS A JUDICIAL FORECLOSURE STATE. All foreclosures must proceed through the courts. Non-judicial foreclosure is not permitted. The redemption period (time between judgment and sale) varies from 5 weeks to 12 months depending on the mortgage date, whether deficiency is waived, and property abandonment status.
DEED OF TRUST
THIS DEED OF TRUST is made this [DAY] day of [MONTH], [YEAR], by and among:
GRANTOR (Borrower):
[GRANTOR NAME(S)]
[ADDRESS]
[CITY, STATE ZIP]
TRUSTEE:
[TRUSTEE NAME]
[ADDRESS]
[CITY, STATE ZIP]
BENEFICIARY (Lender):
[BENEFICIARY/LENDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
RECITALS AND GRANT
WHEREAS, Grantor is indebted to Beneficiary in the principal sum of [PRINCIPAL AMOUNT] DOLLARS ($[AMOUNT]), as evidenced by a Promissory Note of even date herewith (the "Note");
NOW, THEREFORE, Grantor does hereby grant, bargain, sell, and convey unto Trustee, in trust, the following described real property situated in [COUNTY] County, Wisconsin:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Property Address: [PROPERTY ADDRESS], [CITY], Wisconsin [ZIP CODE]
TOGETHER WITH all buildings, improvements, and fixtures now or hereafter placed thereon; all easements, rights, appurtenances, rents, royalties, and profits.
ARTICLE I - OBLIGATIONS SECURED
This Deed of Trust secures to Beneficiary:
(a) The repayment of the debt evidenced by the Note, with interest, and all renewals, extensions, and modifications;
(b) The payment of all other sums, with interest, advanced under this Deed of Trust;
(c) The performance of Grantor's covenants and agreements under this Deed of Trust and the Note.
ARTICLE II - COVENANTS OF GRANTOR
Grantor covenants and agrees as follows:
2.1 Payment. Grantor shall pay when due the principal and interest on the debt evidenced by the Note and all other sums secured hereby.
2.2 Insurance. Grantor shall keep the improvements insured against loss by fire and other hazards, with Beneficiary named as loss payee.
2.3 Taxes and Assessments. Grantor shall pay before delinquency all taxes, assessments, and charges against the Trust Property.
2.4 Maintenance. Grantor shall maintain the Trust Property in good condition and repair and shall not commit or permit waste.
2.5 Defense of Title. Grantor shall defend title against all claims.
2.6 Compliance with Laws. Grantor shall comply with all laws, ordinances, and regulations affecting the Trust Property.
ARTICLE III - DEFAULT AND FORECLOSURE
3.1 Events of Default. The following shall constitute Events of Default:
(a) Failure to make any payment when due under the Note or this Deed of Trust;
(b) Breach of any covenant or agreement herein;
(c) Material misrepresentation by Grantor;
(d) Transfer of the Trust Property without Beneficiary's prior written consent;
(e) Bankruptcy or insolvency of Grantor.
3.2 Judicial Foreclosure Required. Wisconsin requires judicial foreclosure for all mortgages and deeds of trust. Beneficiary must file a lawsuit in circuit court.
3.3 Federal Pre-Foreclosure Requirements. Federal law generally requires:
(a) The servicer to contact Grantor no later than 36 days after a missed payment;
(b) Information about loss mitigation options no later than 45 days after a missed payment; and
(c) Waiting until the loan is more than 120 days delinquent before filing foreclosure.
3.4 Filing and Service. Beneficiary initiates foreclosure by filing a lawsuit and serving Grantor with a summons and complaint. Grantor generally has twenty (20) days to file an answer.
3.5 Mediation. The Wisconsin Foreclosure Mediation Network offers foreclosure mediation in participating areas. Some counties offer their own mediation programs. The bank typically attaches a notice of availability of mediation to the complaint.
REDEMPTION PERIOD (Wis. Stat. § 846.10)
3.6 Redemption Period - Mortgages Executed Before April 27, 2016.
(a) Twelve (12) months after the court enters a judgment to foreclose; or
(b) Six (6) months if the lender waives its right to a deficiency judgment.
3.7 Mortgages Executed On or After April 27, 2016. The following periods are conditional statutory routes, not borrower or lender menu choices:
(a) Six (6) months under Wis. Stat. § 846.10(2)(a). This route applies, subject to the statute's exceptions, only when the action involves an owner-occupied one-family to four-family residence, a farm, a church, or a tax-exempt nonprofit charitable organization.
(b) Eight (8) months under Wis. Stat. § 846.10(2)(a)2.b. Before judgment, the mortgagor must move for this route, and the court must find that the mortgagor is attempting in good faith to sell the premises and has entered into a listing agreement with a broker licensed under Wisconsin Chapter 452.
(c) Three (3) months under Wis. Stat. § 846.101. This route requires, among other things, qualifying property of 20 acres or less, the written agreement made when the mortgage was executed, a qualifying recording date, the plaintiff's express complaint election and waiver of deficiency against every person liable for the secured debt, and the statute's possession terms. Counsel must confirm every condition before invoking it.
3.8 Abandoned Property (Wis. Stat. § 846.102). Five weeks is not automatic when property appears vacant. On a proper motion and evidence, the court must affirmatively find statutory abandonment. A sale may then be held after five weeks from judgment, and the plaintiff must complete a sale or release or satisfy the lien and vacate the judgment within 12 months after judgment.
3.9 Reinstatement. Under Wisconsin law, Grantor can reinstate the loan at any time before judgment. Reinstatement is also permitted after judgment but before the sale. If Grantor defaults again after reinstatement, the foreclosure may continue.
3.10 Notice of Sale. A notice of sale must be:
(a) Published in a newspaper once a week for three (3) weeks;
(b) Advertised in a public place; and
(c) Posted on the county website (if applicable) at least three (3) weeks before the foreclosure sale date.
3.11 Foreclosure Sale. The sale shall be conducted at public auction following the redemption period.
3.12 Deficiency Judgment. Wisconsin permits deficiency judgments. However, because waiving the right to a deficiency judgment shortens the redemption period, lenders often choose not to seek deficiency judgments.
3.13 Court's Equitable Authority. The trial court's authority in a foreclosure action is equitable in nature and not limited to that expressly granted by statute. The court's discretion extends even after confirmation of sale.
ARTICLE IV - RELEASE
4.1 Satisfaction. Upon payment of all sums secured hereby, Beneficiary shall execute a Satisfaction of Mortgage suitable for recording.
4.2 Recording. The satisfaction shall be recorded with the Register of Deeds in the county where the Trust Property is located.
ARTICLE V - RECORDING REQUIREMENTS
5.1 Recording. This Deed of Trust shall be recorded with the Register of Deeds of [COUNTY] County, Wisconsin.
5.2 Recording Fees. Wisconsin recording fees shall be paid upon recording.
5.3 Real Estate Transfer Fee. Wisconsin Real Estate Transfer Fee shall be paid upon recording if applicable.
ARTICLE VI - MISCELLANEOUS PROVISIONS
6.1 Governing Law. This Deed of Trust shall be governed by Wisconsin law.
6.2 Successors and Assigns. This Deed of Trust binds and benefits the heirs, executors, administrators, successors, and assigns of the parties.
6.3 Severability. If any provision is held invalid, all other provisions remain in full force.
6.4 Notices. All notices shall be in writing and sent to the addresses set forth above.
6.5 Entire Agreement. This Deed of Trust and the Note constitute the entire agreement of the parties.
ARTICLE VII - RIDERS AND ADDENDA
The following riders are attached hereto and incorporated herein:
☐ Adjustable Rate Rider
☐ Condominium Rider
☐ Planned Unit Development Rider
☐ Second Home Rider
☐ 1-4 Family Rider
☐ Other: [SPECIFY]
SIGNATURE PAGE
IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date first written above.
GRANTOR(S):
_______________________________
[GRANTOR NAME]
Date: _________________________
_______________________________
[GRANTOR NAME]
Date: _________________________
ACKNOWLEDGMENT
STATE OF WISCONSIN
COUNTY OF [COUNTY]
Personally came before me this _____ day of ______________, 20___, the above-named [GRANTOR NAME(S)], to me known to be the person(s) who executed the foregoing instrument and acknowledged the same.
_______________________________
Notary Public, State of Wisconsin
My Commission Expires: ___________
[NOTARY SEAL]
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in [COUNTY] County, State of Wisconsin, and is described as follows:
[INSERT COMPLETE LEGAL DESCRIPTION]
Parcel ID: [NUMBER]
This document prepared by:
[PREPARER NAME]
[ADDRESS]
[PHONE]
[EMAIL]
About this template
- Last updated
- September 3, 2026
- Jurisdiction
- Wisconsin
- Category
- Real Estate
Legal authority
- Wisconsin Statutes Chapter 846 - Real Estate Foreclosure (Wis. Stat. §§ 846.01 through 846.25)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
Wis. Stat. § 846.10(2)(a) (checked September 3, 2026): "Except for a sale under s. 846.101 or 846.102 and except as provided in pars. (b) and (c), no sale involving a one-family 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 except as follows: If the mortgage was executed on or after April 27, 2016: Except as provided in subd. 2. b., upon the expiration of 6 months from the date when the judgment is entered. Upon motion of the mortgagor before judgment is entered, if the court finds that the mortgagor is attempting in good faith to sell the mortgaged premises and has entered into a listing agreement with a real estate broker licensed under ch. 452 to sell the mortgaged premises, upon the expiration of 8 months from the date when the judgment is entered."
Wis. Stat. § 846.101(1), (2)(c) (checked September 3, 2026): "If the mortgagor has agreed in writing at the time of the execution of the mortgage to the provisions of this section, and the foreclosure action involves a one-family 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, the plaintiff in a foreclosure action of a mortgage on real estate of 20 acres or less, which mortgage is recorded subsequent to January 22, 1960, 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 premises and be entitled to all rents, issues, and profits therefrom to the date of confirmation of the sale by the court. Except as provided in subd. 2., upon the expiration of 3 months from the date when the judgment is entered."
Wis. Stat. § 846.102(1), (3) (checked September 3, 2026): "In an action for enforcement of a mortgage lien, and upon motion of the plaintiff or the city, town, village, or county where the mortgaged premises are located, if the court makes an affirmative finding upon proper evidence being submitted that the mortgaged premises have been abandoned by the mortgagor and the mortgagor's assigns, judgment shall be entered as provided in sub. (3). Any sale of the mortgaged premises may be held at any time after the expiration of 5 weeks from the date when the judgment is entered. If, 12 months after the date when the judgment is entered, the plaintiff has not completed an action under par. (a) 1. or 2., any party to the action or the city, town, village, or county where the mortgaged premises are located may petition the court for an order compelling a sale of the mortgaged premises."
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