- Who sends it
- The county sheriff or a court-appointed referee, by newspaper, public posting and the county website if it has one
- What it starts
- At least 3 weeks of notice before the auction; adjournments can add up to 3 months in all
- Do this first
- Call the sheriff's office to confirm the date and ask the lender's attorney for a written payoff
What this notice is in Wisconsin
Under Wis. Stat. § 846.16(1), the sheriff or referee must give notice of the time and place of the sale, including the street address and the judgment amount. For an in-person sale, the notice is given under Wis. Stat. § 815.31: printed once a week for 3 weeks in a row in a county newspaper, and posted in one public place in the town or municipality, and on the county website if the county has one.
Some counties sell foreclosed homes online. Then the notice must be posted at least 3 weeks before the sale and give the auction website and the bidding period (Wis. Stat. § 846.16(1)(bm)). Some sheriffs call it a Notice of Foreclosure Sale. Compare with the national notice of sheriff's sale.
What it does and does not mean
- It means your redemption period is ending or has ended. The first printing cannot come earlier than the law allows, for example at least 1 month after judgment on a 3-month period.
- It is not the end. The court must confirm the sale at a hearing before the buyer gets title. See Notice of Confirmation Hearing.
- It is not an eviction notice. You do not have to leave on the sale date.
- Wisconsin Law Help says you often will not get a personal copy. If you see it in the paper or online, treat it as your notice.
The dates and how to count them
- The sale must be advertised at least 3 weeks before the sale date (Wis. Stat. § 815.31(1)). Count back 21 days from the sale date to see when the first notice should have run.
- An in-person sale is an auction held between 9 a.m. and 5 p.m. at the place in the notice (Wis. Stat. § 815.31).
- The sheriff can adjourn the sale, but all adjournments together cannot be more than 3 months, and the adjournment must be announced (Wis. Stat. § 815.31). You and the lender can also agree in writing, filed with the clerk, to change the sale timing (Wis. Stat. § 846.10(2)(b)).
- After the sale, the sheriff or referee has 10 days to file a report of sale with the clerk (Wis. Stat. § 846.16(1r)(b)).
What to do this week
- Call the sheriff's office or referee named in the notice to confirm the date, time and place, or the auction website for an online sale. Check again the day before.
- Ask the lender's attorney for an exact written payoff. You can redeem by paying the clerk the judgment, interest, costs and taxes the lender paid (Wis. Stat. § 846.13), and you should do it before the confirmation hearing begins at the latest.
- If you have a buyer or a modification under review, ask the servicer and the lender's attorney in writing to postpone the sale.
- If you are thinking about bankruptcy, talk to a bankruptcy attorney or legal aid now. A filing stops the sale while the stay lasts.
- Start planning a move date. Wisconsin Law Help suggests aiming near the confirmation hearing.
Work through what to do when a Wisconsin sale date is set.
If the home sells for more than you owe
Any surplus is paid into the circuit court, not to the lender. You can file a written notice of claim with the clerk (Wis. Stat. § 846.162). See Wisconsin foreclosure surplus funds. Be careful with anyone who offers to recover it for a percentage; you can file the claim yourself.
The rest of the Wisconsin process
See how foreclosure works in Wisconsin, the timeline, ways to stop it and free help in Wisconsin, or read the national guide to this letter.
Common questions
Will I get the Wisconsin sheriff's sale notice in the mail?
Maybe not. Wis. Stat. § 815.31 requires newspaper publication for 3 weeks and public posting, and Wisconsin Law Help says homeowners often do not get a personal copy. Call the sheriff's office or check the county website.
How long can a Wisconsin sheriff's sale be postponed?
The sheriff can adjourn it, but the total of all adjournments cannot be more than 3 months (Wis. Stat. § 815.31). Longer delays need a new notice or a written agreement between you and the lender filed with the clerk.
Can I still save my Wisconsin home after the sheriff's sale?
Possibly, until the court confirms the sale. Court decisions on Wis. Stat. § 846.13 say you can redeem until confirmation, but you should pay the full amount before the confirmation hearing starts.
Other Wisconsin letters
- Summons and Complaint (foreclosure)In Wisconsin, every home foreclosure is a lawsuit in circuit court, and the summons and complaint are how it starts. You usually have 20 days after you are personally served to file a written answer. The complaint also tells you whether the lender is waiving a deficiency, which sets how long you can stay before a sale.
- Judgment of ForeclosureA Wisconsin judgment of foreclosure means the court has ruled for the lender and ordered a sale. For an owner-occupied home, it also starts a redemption period of 3, 5, 6, 8 or 12 months, and no sale can be held until that period runs. You still own the home and can pay off the judgment or sell during this time.
- Notice of Motion to Confirm Sheriff's Sale (Notice of Confirmation Hearing)After a Wisconsin sheriff's sale, the lender asks the court to confirm it. If you appeared in the case, you must get at least 5 days' notice of that hearing, with the sale price and any personal judgment the lender wants. This hearing is your last chance to redeem or to object.
- Writ of AssistanceA writ of assistance is the Wisconsin court order that works like an eviction order after a foreclosure. The court can issue it once the sale is confirmed and you have not moved. You may be able to ask the court for more time or agree on a move-out date with the buyer.