- Who sends it
- The circuit court issues it on the buyer's request; the sheriff carries it out
- What it starts
- Removal by the sheriff if you are still in the home; no set number of days was found in the statute
- Do this first
- Call the sheriff's office for the date and the buyer or its attorney to ask for a move-out agreement
What this order is in Wisconsin
Wis. Stat. § 846.16(2m)(as) says that when the court confirms the sale, the deed vests title in the buyer, and the court may, if necessary, issue a writ of assistance to deliver possession. Wisconsin Law Help says the buyer can ask the court for a writ of assistance if you do not leave, and that it works like an eviction order. Compare with the national writ of possession page.
What it does and does not mean
- It means the sale was confirmed and you no longer own the home. There is no right to redeem after confirmation.
- It is not a separate eviction lawsuit. It comes from the foreclosure case itself.
- It does not erase money owed to you. If the sale brought in more than the debt, you can still claim the surplus (Wis. Stat. § 846.162).
- If you rent from the former owner, different rules may apply. Get legal advice right away.
Timing and how to count it
The statute does not set a waiting period between confirmation and the writ, so timing depends on the buyer and the court. The buyer must pay the rest of the price within 10 days after confirmation (Wis. Stat. § 846.16(2m)(b)), and the deed is sent for recording after that. Read the writ for any date it gives, and ask the sheriff's office when it plans to act.
What to do this week
- Call the sheriff's office named on the writ and ask when it will be carried out.
- Contact the buyer or its attorney to ask for a written move-out date. Some buyers offer cash for keys; get any deal in writing.
- Ask legal aid whether you can ask the court to delay the writ. Wisconsin Law Help says you may be able to.
- Move valuables, papers and medicine first, and photograph the home's condition.
- File your claim for any surplus with the clerk of court if you have not already. See Wisconsin foreclosure surplus funds.
Scam warnings
Be wary of anyone who says they can undo a confirmed sale for a fee, or who wants a share of your surplus. You can file the surplus claim yourself for free. Report scams to the Wisconsin Department of Agriculture, Trade and Consumer Protection or the Wisconsin Department of Justice.
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
How long do I have to move after a Wisconsin foreclosure sale is confirmed?
No fixed number of days was found in Wis. Stat. § 846.16. After confirmation the buyer can ask the court for a writ of assistance. Wisconsin Law Help suggests planning to move around the confirmation hearing and asking for more time if you need it.
Is a Wisconsin writ of assistance the same as an eviction?
It works the same way in practice: it lets the sheriff put the buyer in possession. But it is issued in the foreclosure case, not in a separate eviction case (Wis. Stat. § 846.16(2m)(as)).
Can I still get money after a Wisconsin writ of assistance?
Yes, if the sale brought in more than the judgment and costs. File a written notice of claim with the clerk of the court that handled the case (Wis. Stat. § 846.162).
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 Sheriff's Sale (Notice of Foreclosure Sale)In Wisconsin, the sheriff or a court-appointed referee must advertise the sale of your home for at least 3 weeks before the auction. The notice is published and posted, not always mailed to you. The sale is not the end: the court still has to confirm it, and you may be able to redeem until then.
- 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.