815.31.Notice of sale of realty; manner; adjournment.
Ch. 815: Executions · Last amended 2017 · Last verified July 15, 2026
In one sentenceSection 815.31 sets the notice, publication, and auction rules for an execution sale of real estate: at least three weeks’ posted notice plus three weeks of newspaper publication, a Madison-paper fallback when no county newspaper exists, court authority to designate the newspaper, and sheriff discretion to adjourn the sale up to three months with fresh notice.
(1)The time and place of holding any sale of real estate on execution shall be publicly advertised by posting a written notice describing the real estate to be sold with reasonable certainty in one public place in the town or municipality where such real estate is to be sold and, if the county where such real estate is to be sold maintains a website, by posting a notice on the website, at least 3 weeks prior to the date of sale; and also in one public place of the town or municipality in which the real estate is situated, if it is not in the town or municipality where the sale is to be held and, if the county where such real estate is situated maintains a website, also posting a notice on the website. If the town or municipality where such real estate is situated or is to be sold maintains a website, the town or municipality may also post a notice on its website.
(2)A copy of the notice of sale shall be printed each week for 3 successive weeks in a newspaper of the county prior to the date of sale.
(3)If there be no newspaper published in the county and the premises are not occupied by any person against whom the execution is issued or by some person holding as tenant or purchaser under the person against whom the execution is issued, such notice shall be so published in a paper printed at Madison.
(4)The court, or a judge, upon application of the party issuing the execution shall direct, by order, the newspaper in which the publication of the notice is to be made.
(5)If at the time appointed for any such sale the sheriff considers it in the interest of all persons concerned, the sheriff may adjourn the sale from time to time, not exceeding in all 3 months. In case of such adjournment public notice thereof shall be given at the time and place fixed for the sale. If the adjournment shall be for more than one day further notice shall be given by posting or publishing the same, or both, as the time and circumstances may admit.
(6)Every sale shall be at auction between 9 o’clock in the forenoon and 5 o’clock in the afternoon.
Plain-English Summary
Section 815.31(1) requires the time and place of a real estate execution sale to be publicly advertised by posting a written notice, describing the property with reasonable certainty, at least three weeks before the sale, in one public place in the town or municipality where the sale will be held, with website posting layered on where the county maintains one. If the property is situated in a different town or municipality than where the sale will happen, notice is posted there too, again with website posting where available.
Subsection (2) requires the notice to run in a newspaper of the county, printed each week for three successive weeks before the sale. If the county has no newspaper and the premises are not occupied by anyone connected with the execution — the person against whom it issued, or a tenant or purchaser under that person — the notice instead runs in a paper printed at Madison. The court or a judge, on application of the party who issued the execution, directs by order which newspaper carries the publication.
Subsection (5) gives the sheriff room to adjourn the sale, from time to time, up to three months in total, when doing so serves the interest of everyone concerned. Public notice of the adjournment is given at the time and place originally set, and if the adjournment runs more than a day, further notice is given by posting, publishing, or both, as time and circumstances allow. Every sale, whenever it finally happens, is held at auction between 9 o’clock in the forenoon and 5 o’clock in the afternoon.
Frequently Asked Questions
How far in advance must a real estate execution sale be posted?
At least 3 weeks before the sale date, with a description of the property given with reasonable certainty.
Does the notice also have to run in a newspaper?
Yes. A copy must be printed each week for 3 successive weeks in a newspaper of the county before the sale.
What happens if the county has no newspaper?
If the premises also are not occupied by anyone connected with the execution, the notice is published instead in a paper printed at Madison.
Who decides which newspaper publishes the notice?
The court or a judge, by order, on application of the party who issued the execution.
Can the sheriff postpone a scheduled real estate sale?
Yes. The sheriff may adjourn it from time to time, up to 3 months total, if it serves the interest of everyone concerned, giving public notice at the originally scheduled time and place and further notice if the adjournment runs more than one day.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.31; 1993 a. 486; 2009 a. 325; 2011 a. 136; 2017 a. 365 s. 112.
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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