846.09 Amendments as to parties; process and pleading. In any action for the foreclosure of a mortgage, at any time after judgment and before a sale pursuant thereto, the plaintiff may be granted leave to amend the summons, complaint and all the proceedings in the action by making as defendant any person who is a proper or necessary party thereto. Such person so made a party shall be served with the summons in like manner as if originally a party, and may answer and defend, and all matters and proceedings as to the person shall be had and taken in like manner as if the person had been originally made a party thereto. After such person has been thus made a party and served, and the person's rights adjudicated upon, the original judgment may be so amended as to bar and foreclose the person thereby, or to make any provisions in regard to the person's rights and interests in like manner as it could have done had the person been made originally a party.
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.09; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.09; 1993 a. 486.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 846 - Real estate foreclosure.
846.01 - Foreclosure judgment.
846.02 - Foreclosure; defendant may have assignment of mortgage.
846.04 - Deficiency, judgment for.
846.05 - Foreclosure for nonpayment of installment.
846.07 - Order of sale for other defaults.
846.08 - Judgment for sale of whole; adjustment of parties' rights.
846.09 - Amendments as to parties; process and pleading.
846.101 - Foreclosure without deficiency; 20-acre parcels.
846.103 - Foreclosures of commercial properties and multifamily residences.
846.13 - Redemption from and satisfaction of judgment.
846.15 - Plaintiff's rights acquired by junior lienor.
846.16 - Notice of sale; sale; confirmation; transfer.
846.162 - Disposition of surplus.
846.165 - Application for confirmation of sale and for deficiency judgment.
846.18 - Tardy confirmation of sale.
846.25 - Discharge after foreclosure.
846.30 - Redemption period for land contracts.