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How to claim foreclosure surplus funds in Wyoming
Most Wyoming home foreclosures are sales by advertisement under a power of sale, run by the sheriff or another officer. If the sale brings more than the lender is owed, the lender must send you the sale results within 10 business days, and the surplus is paid to you on demand after costs, the mortgage and timely junior lien claims. Make a written demand quickly, because junior lienholders have 30 days to claim first.
Reviewed against Wyoming law and official sources on October 11, 2026. General information, not legal advice.
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How to claim surplus funds in Wyoming
Sale results are mailed to you
Within 10 business days after the saleIf the sale brought more than the amount needed to pay the foreclosing lender in full, the lender must send you and junior lienholders the sale results by certified mail. The results show the amount owed on the sale date, the winning bidder and the winning bid.
Wyo. Stat. § 34-4-104(b)
Who holds the money and the payment order
The officer or other person who made the sale pays, in order: reasonable collection costs and allowed attorney's fees, the mortgage being foreclosed, junior mortgages and liens, and then the surplus to you. Ask the lender's attorney and the officer named in the sale notice who is holding the money.
Wyo. Stat. § 34-4-113(a)
Junior lienholders have 30 days
30 days after the sale results are servedA second mortgage or other junior lienholder that sends a signed demand with the required papers within 30 days after the sale results are served is paid ahead of you, by agreement or by court order. Check whether any liens remain on your home so you know what may come out of the surplus.
Wyo. Stat. § 34-4-113(b)
Make a written demand
As soon as you get the sale resultsThe surplus is paid to you, your legal representatives or assigns on demand. Send a dated, signed letter to the foreclosing lender and the person who made the sale asking for the surplus, with your current mailing address, and keep proof you sent it.
Wyo. Stat. § 34-4-113(a)(iv)
If you do not demand it
If no demand is made, the lender or sale officer may keep holding the surplus for you, or turn it over under Wyoming's unclaimed property law. Search the State Treasurer's unclaimed property list and file a claim there if your money was sent to the state.
Wyo. Stat. §§ 34-4-113(a)(iv), 34-24-125
Limits on finder agreements
A fee agreement with a third-party finder for property reported to the state is unenforceable if made within 24 months after the money is turned over to Wyoming, and after that it must be in writing. Wyoming sets no percentage cap, so be careful: you can claim from the Treasurer yourself at no cost.
Wyo. Stat. § 34-24-136
Surplus after a property tax sale
Tax sales follow different rules, and Wyoming's tax deed process has no surplus payment to the owner. See our Wyoming property tax foreclosure page.
Wyo. Stat. § 39-13-108
What Wyoming law says about leftover sale money
Surplus after a mortgage foreclosure sale
Sale money is paid in this order: the lender's reasonable collection costs and legal fees, the foreclosed mortgage, then junior mortgages and liens that make a timely demand. Any surplus is paid to you on demand. If the sale brings more than the lender is owed, you must be sent the sale results within 10 business days, so make a written demand for the surplus to the lender or the officer who held the sale. If no demand is made, the money can be held for you or handled under the state's unclaimed property law.
Wyo. Stat. §§ 34-4-104(b), 34-4-113
Common questions in Wyoming
What if I never got the Wyoming sale results letter?
The lender only has to send sale results when the sale brought more than it was owed. If you are unsure, ask the lender's attorney and the sheriff or officer who ran the sale for the amount owed on the sale date and the winning bid. The certificate of sale may also show those figures.
Can a second mortgage lender take my Wyoming foreclosure surplus?
Yes, if it sends a timely demand. A junior lienholder that makes a signed demand with the required papers within 30 days after the sale results are served is paid from the surplus before you, in order of priority.
When does unclaimed Wyoming surplus go to the State Treasurer?
The law lets the lender or sale officer hold unclaimed surplus for you or turn it over under the unclaimed property act, which has different waiting periods for different kinds of property. Search the State Treasurer's unclaimed property site, and if you find your money, file the claim yourself.
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HUD-approved housing counselors
Free foreclosure prevention counseling from agencies approved by the U.S. Department of Housing and Urban Development. A counselor can review your budget and deal with your servicer alongside you.
(800) 569-4287CFPB: help for struggling homeowners
Plain-language guides from the Consumer Financial Protection Bureau, and a complaint form if your mortgage servicer is not following the rules.
Legal Services Corporation: find legal aid
Find the free civil legal aid office for your county if you have been served with a foreclosure lawsuit or given a sale date and cannot afford a lawyer.
Sources for this page
- Wyoming Statutes Title 39, Taxation and Revenue (ss. 39-13-107, 39-13-108, 39-13-109)
- Wyoming State Treasurer, Unclaimed Property
- Wyoming Legislature, 2025 General Session legislation list
- Wyoming Legislature, 2026 session legislation list
- Wyoming Statutes Title 34 (Property, Conveyances and Security Transactions), including §§ 34-4-101 to 34-4-113
- Wyoming Statutes Title 1 (Code of Civil Procedure), including §§ 1-18-101 to 1-18-104
- Wyoming Department of Family Services: Housing, Utilities and Energy Assistance
- Wyoming Division of Banking: How to File a Complaint