Surplus fortune

Wisconsin Surplus Funds Laws

How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in Wisconsin.

General information only, not legal advice. Laws and county procedures change, and local rules may differ. Confirm the current rules with the court, county or a licensed attorney before acting. Last updated: November 2026.

Mortgage foreclosure surplus

Wis. Stat. § 846.162 governs surplus paid into court after a judicial mortgage foreclosure sale. Parties and former lienholders file notice with the clerk; the court adjudicates entitlement after notice. Section 846.162 gives no fixed general deadline to file initial notice of a mortgage surplus claim, but requires at least eight days’ notice before the hearing. Move promptly in the foreclosure case; statutory redemption is separate.

Tax sale surplus

Wis. Stat. § 75.36(2m), (3) governs net proceeds after a county sells property acquired by tax deed and requires distribution of the remainder to the former owner after statutory deductions. The county sends payment to the former owner. If returned or unclaimed for one year after mailing, it becomes county unclaimed funds under § 59.66(2), not an immediate forfeiture of all owner rights (§ 75.36(2m)(b)).

Unclaimed funds

Wisconsin Uniform Unclaimed Property Act, Wis. Stat. ch. 177; §§ 177.0903–.0906 govern state-held owner claims. County-held funds may instead be governed by § 59.66(2). Section 177.0903 states no fixed general initial owner-claim deadline for state-held property. The Department of Revenue says an owner may claim whenever ownership is proved; county-held funds follow § 59.66(2).

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

Sources

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