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815.38.Execution, certificate of sale, recording.

Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026

In one sentenceSection 815.38 requires the officer selling real estate on execution to prepare duplicate certificates describing the property, price, and redemption timing, record one with the register of deeds within 10 days and deliver the other to the purchaser, and promptly return the execution to court with a detailed report of what was done.

Full Text of Section 815.38

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(1) Upon the sale of real estate on execution the officer making the same shall make out and subscribe duplicate certificates of such sale containing a particular description of the premises sold; the price bid for each distinct lot or parcel; the whole consideration money paid; and the time when such sale will become absolute and the purchaser will be entitled to a conveyance pursuant to law and shall record one of the duplicate certificates within 10 days after the sale in the office of the register of deeds and shall deliver the other to the purchaser. If there are 2 or more purchasers a certificate shall be delivered to each.
(2) Promptly following every execution sale the sheriff shall return the execution into court and record with it a detailed report of his or her doings upon the execution.

Plain-English Summary

Section 815.38(1) requires the officer who sells real estate on execution to make out and subscribe duplicate certificates of the sale. Each certificate contains a particular description of the premises sold, the price bid for each distinct lot or parcel, the whole consideration money paid, and the time when the sale will become absolute and the purchaser will be entitled to a conveyance under the law. The officer records one duplicate within 10 days after the sale in the office of the register of deeds and delivers the other to the purchaser; if there are two or more purchasers, each one gets a certificate.

Subsection (2) closes the loop on the sale itself: promptly following every execution sale, the sheriff returns the execution into court and records with it a detailed report of the sheriff’s doings on the execution.

Frequently Asked Questions

What must the certificate of sale describe after a real estate execution sale?

A particular description of the premises sold, the price bid for each distinct lot or parcel, the whole consideration money paid, and the time when the sale becomes absolute and the purchaser is entitled to a conveyance.

How quickly must the officer record the certificate?

Within 10 days after the sale, in the office of the register of deeds.

Does the purchaser get a copy of the certificate too?

Yes. The officer delivers one duplicate to the purchaser; if there are 2 or more purchasers, a certificate is delivered to each.

What does the sheriff do with the execution after the sale is complete?

Promptly returns it into court and records with it a detailed report of the sheriff’s doings on the execution.

When does a sale become “absolute” so the purchaser can get a deed?

The certificate itself states the time when the sale becomes absolute and the purchaser becomes entitled to a conveyance, which corresponds to the redemption period.

Amendment History

History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.38; 1993 a. 301.

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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