Sheriff Sale (Mortgage Foreclosure)
The Sheriff, as outlined in Wisconsin Statute, sells mortgaged property that has been foreclosed.
Sheriff Mortgage Foreclosure Sales are held on Tuesdays of each week beginning at 9am, in Room A136, located at the Sheriff's Office.
If you are a plaintiff or a personal representative and wish to schedule a sale, please contact the Marathon County Sheriff's Office Civil Process Unit by email or call 715-261-1200, option 4, between 8am and 4pm weekdays. Also, see our Instructions to Plaintiffs.
The plaintiff must have a representative personally appear to give an opening bid. Once the opening bid is received, the bidding process is open to other bidders who must also personally appear. Any qualified bidder may bid on the property. The property goes to the highest bidder. There will be no bids taken by fax, text message, email or phone.
If other bidders are present and wish to bid, they must do so as outlined in the terms and conditions set forth in the Notice of Foreclosure Sale. Bidders must provide personal identification to identify themselves. If the successful bidder is other than the plaintiff, they must provide a deposit as outlined in the terms and conditions set forth in the conditions of the Notice of Foreclosure Sale. They must have the deposit with them in cash, cashiers check or certified funds, personal checks will not be accepted. Checks made out to Marathon County Clerk of Courts. The successful bidder will not be allowed to leave and come back with the deposit later that day. If they do not have the certified funds with them, the property will go to the next highest bidder.
The successful bidder, if other than the plaintiff, will be escorted to the Clerk of Courts Office where the deposit will be collected as the down payment. The amount of the deposit is identified in the terms and conditions set forth in the Notice of Foreclosure Sale. A receipt for the deposit will be provided to the successful bidder by the Clerk of Courts.
Once the property is sold, the Court will hold a Confirmation of Sale hearing at a later date. Successful bidders may contact the Clerk of Courts to determine when the Confirmation of Sale hearing date is scheduled. Bidders may also check the Wisconsin Circuit Court Access Consolidated Court Automation Programs (CCAP) via the internet. If the court confirms the sale, the successful bidder must pay the balance of the bid within the specified time period set forth in the terms and conditions of the Notice of Foreclosure Sale or else the successful bidder forfeits their deposit.
After the Court's Confirmation of the Sale, the successful bidder takes possession of the property and becomes the new owner. If the defendant in the Mortgage Foreclosure action occupies the property, and the new owner wishes to remove them, the new owner must obtain a Writ of Assistance which will allow the Sheriff's Department to remove the parties.
Q. Who may bid at a Sheriff’s Sale?
A. Please refer to our Attention to Bidder’s Document.
Q. I want to inspect the property before I bid on it. How do I go about that?
A. Most properties cannot be inspected prior to the sale. The Sheriff's Office does not have keys to the properties that are scheduled for sale. The prospective purchaser buys the property, more or less, "as is, where is."
Q. I want to know more about the property for sale. How many bedrooms does it have? How many bathrooms does it have? What are the real estate taxes? Does the well and septic need improvement? Are there any liens on the property? Are there any back taxes due? Are there any easements? How old is the roof? Are there any plumbing issues? Has the house been winterized (if vacant)? How old is the furnace? Does the house have central air conditioning? Does the property meet code?
A. The Sheriff's Office does not have the information to answer these questions. The Sheriff's Office conducts the sale of the property but does not have specific information as to the condition of the property or what improvements may be required.
Q. The Notice of Foreclosure Sale states a judgment was entered on a specific date for a specific amount against the defendant. Is this amount the opening bid?
A. The Plaintiff determines the opening bid. The mathematical equation to determine this is not known by the Sheriff's Office. The opening bid may be at, below, or above the amount specified in the judgment.
Q. How and where do I go to research what encumbrances may be levied on the property? I might be interested in the property, but how do I research the financial obligations that go with the property? What about back taxes? What about other defendants listed on the Notice of Foreclosure Sale?
A. The buyer assumes all liens and legal encumbrances on the property. The Sheriff's Office cannot provide legal advice on how to properly investigate what financial obligations may be outstanding. Other defendants listed on the Notice of Foreclosure Sale may have a financial interest in the property. The Sheriff's Office cannot provide legal advice as to how to determine what financial interest is outstanding. Resources available may be a title search, record search, the Clerk of Courts and the Register of Deeds.
Q. If I bid on the property, will I be given time after the sale to go the bank and get the amount specified in the minimum deposit language contained in the Notice of Foreclosure Sale?
A. No. Bidders must have cash; cashier’s check or certified funds with them at the time they bid.
Q. Who do I make checks out to for the 10% down payment?
A. Certified or cashiers checks must be made out to “Marathon County Clerk of Courts”
Q. Some Sheriff Sales are either cancelled or adjourned. Why?
A. The plaintiff in the case may cancel or adjourn a Sheriff's Sale. Typical reasons for doing so include settlement or bankruptcy. The Sheriff's Office has no control over whether a sale is cancelled or adjourned or how many times that may occur. It is suggested that you contact the Sheriff’s sale website the morning of the scheduled sale to check whether the sale is cancelled or adjourned.
Keep in mind that the plaintiff may cancel or adjourn the sale anytime up until the date and time of the sale (sales are always held at 9:00 a.m.). Example: You check the website at 8:00 a.m. the morning of the sale and see the sale is "on." The plaintiff calls our office at 8:30 a.m. and requests the sale be cancelled or adjourned. You arrive at the courthouse at 8:45 a.m. and now find out the sale has been cancelled or adjourned. The Sheriff's Office has no control over this type of situation.
Q. Where do I find postings for Sheriff Sales?
A. Sheriff sales postings are located at the County Offices, 212 River Drive, Wausau, WI. They can also be found on the Internet at this web page.
Depending on where the property to be sold is located, postings may also be located elsewhere. Properties outside the City of Wausau will have an additional posting in the municipality which they are located.
Sheriff Sales are also usually published in the "Legal Notices" section of the Wausau Daily Herald.