Question 1

Is Wyoming a judicial or non-judicial foreclosure state?

Accepted Answer

Both. A mortgage that contains a power of sale may be foreclosed "by advertisement" and sale without a court case, and Wyoming law also recognizes foreclosure by court decree. Deeds of trust use the same notice of sale as mortgage foreclosure by advertisement.

Question 2

What notice is required before a foreclosure sale in Wyoming?

Accepted Answer

For a foreclosure by advertisement: (1) written notice of intent to foreclose must be sent by certified mail, return receipt requested, to the record owner and any different person in possession at least 10 days before publication of the notice of sale begins; (2) the notice of sale must be published at least once a week for four consecutive weeks in a newspaper printed in the county (or, if none, a newspaper of general circulation there); and (3) before the first publication, a copy of the notice must be sent by certified mail to the record owner, the person in possession, and holders of recorded junior mortgages and liens. The notice must list the parties, the mortgage date and recording, the amount claimed due, a description of the property, the time and place of sale, and a warning that other liens may survive the sale.

Question 3

How long does foreclosure take in Wyoming?

Accepted Answer

Minimums set by statute: at least 10 days between the certified-mail notice of intent to foreclose and the start of publication, then publication of the notice of sale once a week for four consecutive weeks. The sale is a public auction held between 10 a.m. and 5 p.m. at the front door of the county courthouse (or where district court is held), conducted by the person named in the mortgage or by the sheriff. After the sale, the owner has a redemption period (see redemption_period).

Question 4

Is there a right of redemption after foreclosure in Wyoming?

Accepted Answer

Yes. After a sale by execution, court decree of foreclosure, or foreclosure by advertisement, the owner (or heirs, assigns or guarantors) may redeem within three months after the sale by paying the purchase price plus 10% annual interest from the sale date, plus any taxes, assessments and prior-lien payments the buyer made, with interest. For mortgages on agricultural real estate (as defined, generally a parcel over 80 acres outside city limits and subdivisions), the period is 12 months. If the owner does not redeem, junior lienholders and judgment creditors may redeem within 30 days after the owner's period ends.

Question 5

Can the lender come after you for the rest of the loan after foreclosure in Wyoming?

Accepted Answer

After a foreclosure sale under Wyoming's foreclosure-by-advertisement (power of sale) statutes, the sale proceeds go first to the reasonable expenses of collection and enforcement (including, as allowed by law, the foreclosing lender's attorney's fees), then to the debt secured by the mortgage being foreclosed, then to junior mortgages and liens, with any surplus paid to the borrower on demand. The lender must account to and pay the borrower any surplus, and the borrower is liable for any deficiency.

Question 6

What must a home seller disclose in Wyoming?

Accepted Answer

The Wyoming statute reviewed requires a property disclosure statement only from sellers of vacant land (land with no habitable dwelling, outside any platted subdivision, city or town, and under 140 acres). It must cover whether the property is offered as a unified estate, whether the mineral estate has been severed, public utilities, who maintains the roads and at what level, water and sewer, fire protection, and known or recorded easements. Sellers of land outside a city or town must also disclose in writing whether the wind estate has been severed. A buyer may waive these disclosures; a sale is not invalid for failure to disclose, but a seller who willfully or negligently fails to comply is liable for the buyer's actual damages.

Question 7

How do you get your home back after a tax sale in Wyoming?

Accepted Answer

When the county sells real property for delinquent taxes, the buyer receives a certificate of purchase. A tax deed to a private certificate holder may be issued only for unredeemed property, and only between four and six years after the original tax sale; before applying, the holder must serve notice at least three months in advance on the occupant and the person in whose name the property was taxed (or publish it if they cannot be found), stating when the redemption period will expire. If the county holds the certificate, it records a tax deed after four years, with at least 60 days' notice to the owner and mortgagees.

Question 8

Where can homeowners get free foreclosure help in Wyoming?

Accepted Answer

The Wyoming Community Development Authority (WCDA), the state housing finance agency, accepts mortgage assistance applications from borrowers whose loans it services (contact 307-265-5102). Its application refers homeowners to HUD-approved housing counseling agencies through HUD at (800) 569-4287 (www.hud.gov/counseling) and to the Consumer Financial Protection Bureau at (855) 411-2372.

Judicial or non-judicial	Both. A mortgage that contains a power of sale may be foreclosed "by advertisement" and sale without a court case, and Wyoming law also recognizes foreclosure by court decree. Deeds of trust use the same notice of sale as mortgage foreclosure by advertisement. No official page reviewed states which method is most common in Wyoming. Source: Wyo. Stat. §§ 34-4-101, 34-4-102, 34-3-103, 1-18-103
Required notices	For a foreclosure by advertisement: (1) written notice of intent to foreclose must be sent by certified mail, return receipt requested, to the record owner and any different person in possession at least 10 days before publication of the notice of sale begins; (2) the notice of sale must be published at least once a week for four consecutive weeks in a newspaper printed in the county (or, if none, a newspaper of general circulation there); and (3) before the first publication, a copy of the notice must be sent by certified mail to the record owner, the person in possession, and holders of recorded junior mortgages and liens. The notice must list the parties, the mortgage date and recording, the amount claimed due, a description of the property, the time and place of sale, and a warning that other liens may survive the sale. Source: Wyo. Stat. §§ 34-4-103(a)(iv), 34-4-104(a), 34-4-105
Time frames set by law	Minimums set by statute: at least 10 days between the certified-mail notice of intent to foreclose and the start of publication, then publication of the notice of sale once a week for four consecutive weeks. The sale is a public auction held between 10 a.m. and 5 p.m. at the front door of the county courthouse (or where district court is held), conducted by the person named in the mortgage or by the sheriff. After the sale, the owner has a redemption period (see redemption_period). Source: Wyo. Stat. §§ 34-4-103, 34-4-104, 34-4-106, 1-18-103

Wyoming Foreclosure Laws: Process, Timeline and Your Rights

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After the sale

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Foreclosure & Homeowner Law FAQ

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