Wyoming Foreclosure Law
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: Yes
- Primary Security Instruments: Deed of Trust, Mortgage
- Timeline: Usually 90 days
- Right of Redemption1: Yes
- Deficiency Judgments2 Allowed: Yes
Lenders in the state of Wyoming may foreclose on deeds of trusts and mortgages in default using either the judicial or non-judicial foreclosure process.
Judicial Foreclosure
A judicial process of foreclosure requires that the lender file a lawsuit and attain a court order to foreclose on a particular property.
Non-Judicial Foreclosure
If a power of sale clause exists in the deed of trust or mortgage document, a non-judicial process of foreclosure is used. This allows the lender to sell the property and pay off the balance of the loan in the event the homeowner defaults. The power to sell may be completed by the lender or their representative in situations where a power of sale exists. The procedure for this type of foreclosure process is explained in the "Power of Sale Foreclosure Procedure" listed below.
Power of Sale Foreclosure Procedure
If the deed of trust or mortgage has a power of sale clause and it details the time, place and terms of sale, then the outlined procedure must be followed. However, if the power of sale clause does not clarify the time, place and terms of sale, then a foreclosure sale is conducted as follows:
- The recorded owner of the property, and/or the person(s) occupying the mortgage premises, must receive written notice of the lender’s intent to foreclose on the mortgage at least ten (10) days before the first notice of sale advertisement is published.
- The notice is published once a week for four (4) consecutive weeks in a newspaper.
- The sale is a public auction sale conducted on the courthouse steps by the sheriff or deputy sheriff between the hours of 9:00 a.m. and 5:00 p.m. The lender is allowed to bid. The highest bidder receives a certificate of purchase.
- Postponements are allowed when the appropriate notification process is followed.
The borrower has a right of redemption. Generally, they have three (3) months for the date of sale. Deficiency judgments are allowed if there is a note associated with the mortgage or deed of trust, or it contains a separate agreement to pay.
1 A borrower’s right to reacquire property lost due to a foreclosure.
2 A personal judgment against the borrower for the remaining balance on the loan after a foreclosure sale.
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