When personal property is subject to a security interest, the right and interest of the debtor in such property may be sold on execution against the debtor, subject to the rights, if any, of the secured party.
815.26.Equities sold.
Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 815.26 allows a debtor’s remaining right and interest in personal property already subject to a security interest to be sold on execution against the debtor, subject to the secured party’s rights.
Full Text of Section 815.26
Plain-English Summary
Section 815.26 addresses property that is already pledged as collateral when a creditor tries to reach it through execution. The debtor’s right and interest in personal property subject to a security interest may still be sold on execution against the debtor. That sale reaches only what the debtor holds — the debtor’s equity — not the secured party’s underlying claim to the property.
The sale is expressly made subject to the rights, if any, of the secured party, so a buyer at that execution sale takes the debtor’s interest with the security interest still attached, rather than free and clear of it.
Frequently Asked Questions
Can property that’s already collateral for a loan still be sold on execution?
Yes. Section 815.26 allows the debtor’s right and interest in that property to be sold on execution, subject to the rights, if any, of the secured party.
Does selling the debtor’s interest wipe out the secured party’s lien?
No. The sale is expressly subject to the rights of the secured party, so that interest survives the sale.
What exactly is being sold when personal property is subject to a security interest?
The debtor’s right and interest in the property, not the full unencumbered ownership.
Does this section apply to real property or only personal property?
It applies to personal property subject to a security interest.
Who buys this kind of interest at an execution sale?
Section 815.26 does not name a particular buyer; whoever purchases at the execution sale takes the debtor’s interest subject to the secured party’s rights.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.26; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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