Wisconsin

Wisconsin at a Glance

1. Mechanic's Lien Rules

Plain English

Wisconsin calls them construction liens, and notice runs through the whole process. A prime contractor that uses subs or suppliers must give the owner a lien notice in its written contract (or separately within 10 days after first work). Subs and suppliers must serve their own notice on the owner within 60 days after they first furnish work or materials; the owner then passes a copy to the construction lender. The 60-day notice is not required on projects that are partly or wholly nonresidential, on residential projects adding more than 4 living units, from laborers employed by a contractor, or from anyone who contracted directly with the owner (other than a prime contractor that owes the contract notice). Before filing a lien, every claimant must give the owner a 30-day notice of intent. The lien claim is filed with the clerk of circuit court (not the register of deeds) within 6 months after the last work, and suit must follow within 2 years after filing. Priority dates from the visible commencement of the work; for new construction, that means the start of substantial excavation for the foundation. Bank and similar mortgages under § 706.11 are an exception to that priority.

Key Rules

Prime contractor notice (Wis. Stat. § 779.02(2)(a)). Included in the written contract, or served within 10 days after first labor or materials.

Sub and supplier notice (Wis. Stat. § 779.02(2)(b)). Served within 60 days after first furnishing, in 2 signed copies; owner gives a copy to the construction lender within 10 days.

Exceptions (Wis. Stat. § 779.02(1)). No 60-day notice is needed on nonresidential or partly nonresidential projects, residential projects adding more than 4 units, from laborers employed by a contractor or sub, or from claimants who contracted directly with the owner (except a prime contractor that owes the contract notice).

Notice of intent (Wis. Stat. § 779.06(2)). At least 30 days before the claim is filed.

Claim and suit (Wis. Stat. § 779.06(1)). Claim filed in the clerk of circuit court's office within 6 months after the last work; served on the owner within 30 days after filing; action within 2 years after filing.

Priority (Wis. Stat. § 779.01(4)). Prior to liens originating after the visible commencement of the work, except as provided in § 706.11(1) and (1m) and other listed sections. For new construction, commencement is no earlier than substantial excavation.

Release (Wis. Stat. § 779.08). Surety undertaking to pay the claim, or a deposit of money or bonds equal to 125% of the claim.

Practice Points

1. Search the circuit court lien docket, not just the register of deeds.
2. Bank mortgages are protected under § 706.11; confirm the lender type before relying on it.
3. Get lien waivers from everyone who served a 60-day notice, and on commercial jobs (where no notice is required) from every sub and supplier.

Citations

• Wis. Stat. § 779.01 (lien; priority): https://docs.legis.wisconsin.gov/statutes/statutes/779/i/01
• Wis. Stat. § 779.02 (notices): https://docs.legis.wisconsin.gov/statutes/statutes/779/i/02
• Wis. Stat. § 779.06 (claim; notice of intent; 2-year suit): https://docs.legis.wisconsin.gov/statutes/statutes/779/i/06
• Wis. Stat. § 779.08 (release; 125% deposit): https://docs.legis.wisconsin.gov/statutes/statutes/779/i/08

2. Execution and Notarization Requirements for Recording

Plain English

Wisconsin deeds are recorded with the county register of deeds. The recording act is race-notice: an unrecorded conveyance is void against a later good-faith purchaser for value whose conveyance is recorded first. Signatures must be authenticated or acknowledged to be recorded. Wisconsin allows remote notarization with communication technology. The grantor pays the real estate transfer fee of $0.30 per $100 of value, and an electronic transfer return is filed at recording. Wisconsin courts also hold buyers to what they'd see on the land: a locked gate and a sign gave notice of an easement missing from the record (Pighetti, 2026, section 7).

Key Rules

• Recording act (Wis. Stat. § 706.08(1)(a)). Unrecorded conveyance void against a later good-faith purchaser for value whose conveyance is recorded first.
• Execution (Wis. Stat. §§ 706.05, 706.06). Signatures authenticated or acknowledged. Check the register of deeds' formatting rules (Wis. Stat. § 59.43(2m)).
• Remote notarization (Wis. Stat. § 140.145). A remotely located individual may appear before a Wisconsin notary by communication technology.
• Transfer fee (Wis. Stat. § 77.22(1)). 30 cents per $100 of value, imposed on the grantor, collected at recording. The transfer return must be filed electronically (eRETR) unless the Department of Revenue grants a hardship waiver (§ 77.22(2)).

Practice Points

1. Inspect the land. Gates, signs, and tracks are notice (Pighetti).
2. Confirm authentication or acknowledgment on every signature.
3. Compute the transfer fee and confirm any exemption.

Citations

• Wis. Stat. § 706.08 (recording act): https://docs.legis.wisconsin.gov/statutes/statutes/706/08
• Wis. Stat. § 140.145 (remote notarization): https://docs.legis.wisconsin.gov/statutes/statutes/140/145
• Wis. Stat. § 77.22 (transfer fee): https://docs.legis.wisconsin.gov/statutes/statutes/77/ii/22

3. Securing Future Advances

Plain English

Wisconsin gives special priority to mortgages held by banks, credit unions, savings institutions, mortgage bankers, licensed insurers, and certain other lenders. Once recorded, these mortgages come ahead of later liens (other than taxes, special assessments, and certain environmental liens). For later advances, the advance keeps the mortgage's priority if it's made before the lender has actual knowledge of an intervening lien. Even after the lender knows, it keeps priority if the advance is made under a commitment entered into before the knowledge, is a protective advance (taxes, insurance, assessments), or is made under a construction mortgage that says so on its first page and is used to complete the improvement.

Key Rules

• Covered mortgages (Wis. Stat. § 706.11(1)). Mortgages to savings institutions, banks, credit unions, government lenders, mortgage bankers, licensed insurers, and others listed.
• Later advances (Wis. Stat. § 706.11(1m)(b)). Same priority if made before actual knowledge of an intervening lien; or, regardless of knowledge, if under a prior commitment, for protection of the mortgagee's interest, or under a construction mortgage labeled on the first page and used to complete the improvement.
• Other lenders. Mortgages to lenders not listed in § 706.11(1) do not get its special priority; they rely on the general recording rules and § 779.01(4).

Practice Points

1. Construction loans: make sure the mortgage says "construction mortgage" on the first page.
2. Know the lender type. Private lenders don't get § 706.11 priority.
3. HELOC payoffs: get a signed freeze and close request.

Citations

• Wis. Stat. § 706.11 (mortgage priority; future advances): https://docs.legis.wisconsin.gov/statutes/statutes/706/11

4. Subdivision Statutes and Regulations

Plain English

Wisconsin's subdivision law (chapter 236) requires a plat when a division creates 5 or more parcels of 1.5 acres or less, either at once or by successive divisions within 5 years. Smaller divisions usually use a certified survey map, under local ordinance. Selling lots in a subdivision before the final plat is recorded can bring a fine, and the sale is voidable by the buyer within one year. An offer to sell before approval is allowed only if it's expressly contingent on final plat approval.

Key Rules

• Definition (Wis. Stat. § 236.02(12)). Subdivision: 5 or more parcels or building sites of 1.5 acres or less, at once or within 5 years. Divisions by certified survey map under a local ordinance can be excluded.
• Penalties (Wis. Stat. § 236.31(1), (2)). Fine or imprisonment for knowingly conveying before the final plat is recorded; injunctions and forfeitures.
• Voidable conveyances (Wis. Stat. § 236.31(3)). Voidable at the buyer's option within 1 year after the document or contract.
• Certified survey maps (Wis. Stat. § 236.34(1)). Up to 4 parcels (more where a local ordinance allows it for commercial, multifamily, industrial, or mixed-use land).

Practice Points

1. Count the lots over 5 years. Successive divisions add up.
2. New lot? Get the recorded plat or certified survey map.
3. Sale before plat approval? Confirm the contract is contingent on final approval.

Citations

• Wis. Stat. § 236.02 (definitions): https://docs.legis.wisconsin.gov/statutes/statutes/236/i/02
• Wis. Stat. § 236.31 (penalties; voidable sales): https://docs.legis.wisconsin.gov/statutes/statutes/236/vi/31
• Wis. Stat. § 236.34 (certified survey maps): https://docs.legis.wisconsin.gov/document/statutes/236.34

5. Title Premium Rates

Plain English

Wisconsin's general rate chapter (chapter 625) covers most lines of insurance, and it doesn't list title among its exclusions. Under it, insurers file rates with the Commissioner within 30 days after they take effect (a "use and file" approach), and rates must not be excessive, inadequate, or unfairly discriminatory.

Key Rules

• Scope (Wis. Stat. § 625.03). Applies to all kinds of direct insurance except listed lines (ocean marine, worker's compensation, most life and annuities, group accident and sickness, funding agreements). Title is not excluded.
• Filing (Wis. Stat. § 625.13). File rates and changes within 30 days after they become effective.

Practice Points

2. Keep premium and closing charges separate.
3. Use only filed forms and endorsements.

Citations

• Wis. Stat. § 625.03 (scope): https://docs.legis.wisconsin.gov/statutes/statutes/625/03
• Wis. Stat. § 625.13 (filing within 30 days): https://docs.legis.wisconsin.gov/statutes/statutes/625/13

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Wisconsin's real estate transfer fee is 30 cents per $100 of value ($3 per $1,000), and the seller pays it. An electronic return (eRETR) is filed before recording. Wisconsin has no mortgage tax, and recording is a flat fee per document.

Key Rules

(a) Deed transfer, conveyance or excise tax

• Rate. $0.30 per $100 (§ 77.22(1)), paid by the grantor.
• eRETR electronic transfer return (§ 77.22(2)).
• Exemptions are in § 77.25.

(b) Mortgage, indebtedness or intangible tax

• None. Wisconsin has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

• Flat recording fee $30 per document (§ 59.43(2)(ag)), with limited exceptions.

Practice Points

1. Worked example. A $400,000 sale: $1,200 (seller).

Citations

• Wis. Stat. §§ 77.22, 77.25 (transfer fee): https://docs.legis.wisconsin.gov/document/statutes/77.22
• Wis. Stat. § 59.43(2)(ag) (recording fee): https://docs.legis.wisconsin.gov/document/statutes/59.43