Wisconsin Statutes
Wis. Stat. § 815.31 (2026)
Notice of sale of realty; manner; adjournment
✓ current as of July 2026
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815.31(1)(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.
815.31(2)(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.
815.31(3)(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.
815.31(4)(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.
815.31(5)(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.
815.31(6)(6) Every sale shall be at auction between 9 o’clock in the forenoon and 5 o’clock in the afternoon.
815.31 HistoryHistory: 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.
Notes of Decisions
Cited in 3
cases, 1978–2014 · leading case: Fam. Sav. & Loan Ass'n v. Barkwood Landscaping Co., 286 N.W.2d 581 (Wis. 1980).
Fam. Sav. & Loan Ass'n v. Barkwood Landscaping Co., 286 N.W.2d 581 (Wis. 1980). “Section 815.31, Stats., requires notice of sale of realty on execution to be published and posted.”
Carefree Homes, Inc. v. Prod. Credit Ass'n, 260 N.W.2d 759 (Wis. 1978). “Sec. 815.31, Stats. Although it is not disputed that the instant sale was made at arm’s length and at fair market value, PCA argues that a higher sales price might have been received if statutory notice and bidding procedures had been followed, and if a one-year statutory…”
Bank of Am., N.A. v. Prissel, 2015 WI App 10 (Wis. Ct. App. 2014). “Each of the foreclosure statutes further provides that, before a foreclosure sale is held, notice of the time and place of the sale "shall be given" as set forth in Wis. Stat. §§ 815.31 and 846.16. See Wis.”
— Wis. Stat. § 815.31(1) — 1 case
Fam. Sav. & Loan Ass'n v. Barkwood Landscaping Co., 286 N.W.2d 581 (Wis. 1980). “Section 815.31, Stats., requires notice of sale of realty on execution to be published and posted.”
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