To entitle any creditor to acquire the title of the original purchaser on the execution sale or to become a purchaser from any other creditor, the creditor shall exhibit to such purchaser or other creditor or to the sheriff the following evidences of the creditor’s right:
815.53.Execution sale; evidences of right of creditor to acquire title.
Ch. 815: Executions · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 815.53 lists the proof a creditor must show the purchaser or sheriff before acquiring the original purchaser’s title at an execution sale, and requires the creditor to record that proof within three days of acquiring it.
Full Text of Section 815.53
(1) A certified copy of the creditor’s judgment or of the record of the creditor’s mortgage.
(2) A certified copy of all assignments of such judgment or mortgage which are necessary to establish the creditor’s claim.
(3) A certified copy of the creditor’s letters testamentary or other letters authorizing the administration of the decedent’s estate, in the case of a personal representative.
(4) An affidavit of such creditor or his or her attorney, or agent stating the sum due on such judgment or the sum owing on such mortgage at the time of claiming such right to purchase. Within 3 days after making such acquisition such creditor shall record such evidences of his or her right in the office of the register of deeds of the county where the original certificate of sale is filed.
Plain-English Summary
Section 815.52 lets a creditor buy out the original purchaser’s stake in land sold on execution, but section 815.53 makes sure that right is not taken on say-so alone. Before a creditor can exercise it, the creditor must show the purchaser, an earlier creditor, or the sheriff four kinds of proof: a certified copy of the creditor’s judgment or mortgage record; certified copies of any assignments needed to establish the claim; if the creditor is a personal representative, a certified copy of the letters authorizing administration of the estate; and an affidavit from the creditor, the creditor’s attorney, or an agent stating the sum due on the judgment or owed on the mortgage at the time the right is claimed.
The section also imposes a deadline after the fact. Once the creditor has acquired the interest, the creditor has three days to record these same proofs with the register of deeds for the county where the original certificate of sale was filed. That recording puts the acquisition on the public record so later creditors in the chain can see who holds the interest and on what basis.
Frequently Asked Questions
What must a creditor show to buy out a purchaser’s interest at a Wisconsin execution sale?
Section 815.53 requires a certified copy of the creditor’s judgment or mortgage record, certified copies of any necessary assignments, a certified copy of letters testamentary or similar letters if the creditor is a personal representative, and an affidavit stating the sum due.
Who has to see this proof?
Section 815.53 says the creditor must exhibit the evidence to the purchaser, to another creditor from whom the interest is being acquired, or to the sheriff.
What does the required affidavit have to say?
It must state the sum due on the creditor’s judgment or the sum owing on the creditor’s mortgage at the time the creditor claims the right to purchase, and it may be made by the creditor, the creditor’s attorney, or an agent.
How soon must the creditor record the evidence of the acquisition?
Within three days after making the acquisition, section 815.53 requires the creditor to record these evidences of right with the register of deeds of the county where the original certificate of sale is filed.
Why does the statute require certified copies rather than plain copies?
Section 815.53 specifies certified copies of the judgment, mortgage record, and any assignments, which gives the purchaser, an earlier creditor, or the sheriff a reliable, verifiable basis for confirming the claiming creditor’s right before transferring title.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.53; 1993 a. 301, 486; 1995 a. 224; 2001 a. 102.
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 proof to redeem execution salecreditor affidavit execution sale wisconsinrecording redemption of execution sale wisconsinevidence of right to purchase at sheriff sale