(1) WHO MAY ACQUIRE. In case the premises sold on execution or any part of them are not redeemed within the year prescribed by ss. 815.39 (1) and 815.40 then the interest of the purchaser may be acquired within 3 months after the expiration of the redemption period by the persons and on the terms prescribed in this section.
815.44.Execution; purchaser’s interest.
Ch. 815: Executions · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 815.44 lets a creditor holding a judgment or recorded mortgage lien on the sold premises step into the original purchaser’s shoes within fifteen months of an execution sale, by paying the sale price plus interest, once the redemption period under sections 815.39(1) and 815.40 has expired without redemption.
Full Text of Section 815.44
(2) CREDITORS, MORTGAGEES, INTEREST. Any creditor of the person against whom such execution issued having a judgment or a recorded mortgage which is a lien upon the premises sold, or upon any lot or parcel or portion separately sold, may within fifteen months from the time of such sale by paying the sum paid on the sale thereof, together with interest from the time of such sale, thereby acquire all the rights of the original purchaser, subject to be defeated in the manner mentioned in s. 815.48.
(3) SALES OF UNDIVIDED INTERESTS. Any owner of such judgment or mortgage which is a lien upon any undivided share or interest in any real estate sold under execution, may, within the same time, on the same terms and in the same manner, acquire the title of the original purchaser to such share or interest by paying such part of the whole purchase money of such real estate as shall be in a just proportion to the amount of such share or interest.
Plain-English Summary
Section 815.44(1) sets the trigger: if the premises sold on execution, or any part of them, are not redeemed within the year prescribed by sections 815.39(1) and 815.40, the purchaser’s interest may be acquired by other creditors within 3 months after the redemption period expires, under the terms this section prescribes.
Subsection (2) gives that mechanism to creditors and mortgagees. Any creditor of the person against whom the execution issued, holding a judgment or a recorded mortgage that is a lien on the premises sold, or on a lot, parcel, or portion separately sold, may, within 15 months from the sale, pay the sum paid on the sale, together with interest from the time of the sale, and thereby acquire all the rights of the original purchaser. That newly acquired title remains subject to being defeated in the manner section 815.48 sets out, which lets other qualifying creditors buy the interest out in turn.
Subsection (3) extends the same option to a lienholder with a claim on only an undivided share or interest in the property sold. That creditor may, within the same time, on the same terms, and in the same manner, acquire the original purchaser’s title to that share or interest by paying the portion of the whole purchase money proportional to the share or interest held.
Frequently Asked Questions
When can another creditor step in and acquire the interest of the original purchaser at an execution sale?
Once the premises, or part of them, go unredeemed within the year prescribed by sections 815.39(1) and 815.40, a creditor’s interest under this section may be acquired within 3 months after the redemption period expires, on the terms the section prescribes.
Who qualifies to acquire the original purchaser’s interest under this section?
A creditor of the person against whom the execution issued who holds a judgment or a recorded mortgage that is a lien on the premises sold or on a separately sold lot, parcel, or portion.
How much must that creditor pay to acquire the original purchaser’s rights?
The sum paid on the sale, plus interest from the time of the sale.
Is the creditor’s newly acquired interest permanent, or can someone else displace it?
It is subject to being defeated in the manner section 815.48 provides, which lets other qualifying creditors acquire the title in turn.
Can a lienholder on just a partial, undivided interest in the property also use this process?
Yes. An owner of a judgment or mortgage that is a lien on an undivided share or interest may acquire the original purchaser’s title to that share by paying a proportional part of the whole purchase price.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761, 781 (1975); Stats. 1975 s. 815.44; 1997 a. 254; 2001 a. 86.
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
Also known as: wisconsin creditor acquire purchaser interest execution sale15 months creditor redeem execution sale wisconsinwis stat 815.44mortgage lienholder buy out execution purchaser wisconsinundivided interest execution sale acquisition wisconsin