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ATTENTION BIDDERS

Effective October 1, 2018, the State of Wisconsin created a statute requiring minimum bidder qualifications for third party foreclosure sales under 846.155(2). Those minimum bidder requirements are:

(2) MINIMUM BIDDER QUALIFICATIONS. No 3rd-party bidder may submit a bid at a sale of mortgaged premises unless the 3rd-party bidder meets all of the following qualifications:
(a) The 3rd-party bidder does not own an interest in property in this state against which taxes have been levied that are more than 120 days delinquent.
(b) The 3rd-party bidder is not directly or indirectly owned, managed, or controlled, in whole or in part, by a person that owns an interest in property in this state against which taxes have been levied that are more than 120 days delinquent.
(c) The 3rd-party bidder does not directly or indirectly own, manage, or control, in whole or in part, an entity that owns an interest in property in this state against which taxes have been levied that are more than 120 days delinquent.
(d) No judgment against the 3rd-party bidder related to a violation of a state or local building code with respect to property in this state has been rendered that is unsatisfied.
(e) No judgment against a person that directly or indirectly owns, manages, or controls, in whole or in part, the 3rd-party bidder related to a violation of a state or local building code with respect to property in this state has been rendered that is unsatisfied.
(f) No judgment against an entity directly or indirectly owned, managed, or controlled, in whole or in part, by the 3rd-party bidder related to a violation of a state or local building code with respect to property in this state has been rendered that is unsatisfied.
(g) In submitting a bid at the sale, the 3rd-party bidder is not acting on behalf of or as part of an agreement with a person that does not meet the qualifications described in pars. (a) to (f).  

In addition to the requirements, an affidavit must be filed with the Clerk of Courts by the third party bidder before the confirmation sale stating they meet these minimum bidder requirements under statute 846.155(5) and sub(6). The Sheriff’s Office cannot give legal advice. If you have further questions, seek legal counsel. 

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 Sheriff Sales are conducted on EVERY Tuesday of the month at 9:00 a.m. in Room H - 1st Floor of the City County Government Center, 160 S. Macy Street, Fond du Lac.

**Effective January 1, 2011 sales will be conducted on every Tuesday of the month.**

The bank, lending institution or their attorney will normally put in the first bid. Anyone else can bid on the property. The property goes to the highest bidder.

Successful bidders are required to have 10% of their bid in cash, money order or certified check at the time of sale. (NOTE: be sure to check the actual Notice of sale as some do not permit money orders or certified checks.) Checks should be payable to the Fond du Lac County Clerk of Courts. The successful bidder is also responsible for all legal liens, encumbrances and unpaid real estate taxes. Contact the following departments for more information on liens and taxes:

Register of Deeds - (920) 929-3018 (Federal Liens)

Clerk of Courts - (920) 929-3034 (State Liens)

Treasurer's Office - (920) 929-3010 (Real Estate Taxes)

Real Estate Transfer Fee: Third party buyers may be responsible for the Real Estate Transfer fee, be sure to check the Notice of Sale. If the notice states the buyer is responsible for the transfer fee, this fee must also be paid a the time of sale. Personal Checks are accepted for the RE Transfer fee only.

All properties are sold "as is" and are not available for viewing.

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 Program (CCAP) via the internet. http://wcca.wicourts.gov/index.xsl. 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 (usually 10 days) or the successful bidder forfeits their deposit.

After the Court's confirmation of 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 Office to remove the parties.

Sales are subject to cancellation at any time without notice.

UPCOMING SALES LISTED BELOW 

 

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