The Sheriff is a ministerial officer of the Court and is without power to make any terms except those authorized and prescribed by the Court.  The Sheriff sells only the judgment debtor's title.  If there is no title, the purchaser acquires none.  The rule of Caveat Emptor (let the buyer beware) is fully applicable to sales made under execution.

Foreclosure sales are for real property only.  The Sheriff's Office does not know whether or not persons occupy the property.  Further, we cannot give permission for any prospective bidders to enter and inspect any structure that may be located on the property to be sold.

Properties sold at auction by the Sheriff's Office are generally advertised in local newspapers  Notices appear once for each of the six weeks prior to the date of sale.

In addition to newspaper advertising, written notice describing the real estate to be sold will be posted in three public places in the town or municipality where the real estate is to be sold at least three weeks prior to the date of the sale and also in three public places of the town or municipality where the real estate is situated if it is not in the City of Madison.

The Sheriff's Office does not have a list of properties for general distribution.  Persons interested in following up on these properties must make their own lists by checking the legal advertisements in the newspapers or the postings.

Sales of property are "open-type" auction sales (no sealed bids).  A minimum bid is normally bid in the first round by the Plaintiff.

The successful bidder, upon full payment of the bid, will receive a Sheriff's Deed.  This deed may not give clear title to the property.  In order to obtain a clear title one must satisfy all superior liens and encumbrances.  If a purchaser does not complete the sale, he can be held liable for his deposit, and for all losses and expenses.

If you are interested in a particular piece of property, we recommend a title search before you actually bid.

Private firms conduct title searches.  Their telephone numbers may be found in the yellow pages of the telephone directory.  A fee is charged.

Should you have a legal question, we recommend you consult an attorney.

If the property you purchase is occupied, it is your responsibility to have the occupants removed.

In most cases the owner can redeem the property, even after the sale, for a period of 10 calendar days from the date of sale.  By law the owner can declare bankruptcy within that same period.

CONDITIONS OF SALE

• Each property is sold subject to restrictions of record which are unknown to the Sheriff and subject to any unpaid taxes and water bills or assessments, and such state of facts as an accurate survey and physical inspection of the premises may reveal.
• The highest bidder at the sale shall be the Purchaser.  If any dispute arises as to who may be the highest bidder, the property will be resold.
• If you are the successful bidder on a property, you are required to post a deposit of 10% of the total bid price in cash, certified check, or money order immediately after the close of that sale. Certified checks MUST be made payable to: Dane County Clerk of Courts.  NO COMPANY, AGENCY OR PERSONAL CHECKS WILL BE ACCEPTED.
• The PURCHASER must pay recording fees and Real Estate Transfer Fees.

SOME ADDITIONAL CONDITIONS OF SALE ARE LISTED BELOW THAT MAY BE ANNOUNCED AT THE TIME OF SALE. THIS IS NOT A COMPLETE LIST AND IS PROVIDED AS INFORMATION ONLY.

• Subject to any unpaid municipal liens, unpaid taxes and assessments.
• Subject to such facts as an accurate survey and physical inspection of the premises will disclose.
• Subject to restrictions, reversions, reservations, easements and right of way of record, if any.
• Subject to rights of tenants and occupants, if any.
• Subject to Federal, State, County and Municipal ordinances, statutes and regulations, including zoning ordinances.
• Sold in an "as is" condition.
• Subject to the right of the plaintiff to apply to the Court for surplus moneys for sums advanced, with interest thereon since the entry of final judgment, additional advances for taxes and other items have been made by plaintiff.  (Amount to be announced.)
• The right of redemption of the United States of America as a result of Federal Liens.
• If the subject premises is a Condominium, the sale is subject to any unpaid assessments, which may be a lien on the premises, and subject to all applicable provisions of the Master Deed and by-laws of Condominium Association.

There are times when the sale of property is not completed on the date advertised because of adjournments, settlements or bankruptcies.  We recommend you call the Sheriff's Office, Civil Process Section on the scheduled date of the sale to determine the status of the sale.