How foreclosure works in Wyoming

The notices you will receive in Wyoming, in order

1. Late notices from your servicer

   After a missed payment; your servicer sends these

   Your servicer will contact you about the missed payments. Most home loans cannot be sent to foreclosure until you are more than 120 days behind. Use this time to ask for a loss mitigation application and to call a housing counselor.

   12 C.F.R. § 1024.41(f)

2. Notice of intent to foreclose

   Mailed by certified mail, return receipt, at least 10 days before the newspaper notice starts

   This is the first Wyoming foreclosure paper. It goes to the record owner, and to the person living in the home if that is someone else. Treat it as a warning that the newspaper notice and a sale date are coming soon, and call your servicer, a housing counselor and legal aid right away.

   Wyo. Stat. § 34-4-103(a)(iv)

3. Mailed copy of the notice of sale

   Mailed by certified mail before the first newspaper notice

   You get a copy of the notice of sale at your last known address. It lists the names on the mortgage, the amount the lender says is due, a description of the property, and the time and place of the sale. Write the sale date down.

   Wyo. Stat. §§ 34-4-104(a), 34-4-105

4. Newspaper notice of sale

   At least once a week for 4 weeks in a row

   The notice runs in a newspaper printed in your county, or in a state newspaper that circulates there. Because these notices are public, you may get mail and calls from people offering to help or to buy your home. Do not pay or sign anything before talking to legal aid.

   Wyo. Stat. § 34-4-104(a)

5. Foreclosure sale and certificate of purchase

   On the date in the notice, between 10 a.m. and 5 p.m.

   The sale is a public auction at the front door of the courthouse, or where the district court meets, held by the person named in the mortgage or by the sheriff or a deputy. The buyer does not get a deed that day. The buyer gets a certificate of purchase, which says a deed comes only if no one redeems.

   Wyo. Stat. §§ 34-4-106, 1-18-102

6. Sale results letter

   Within 10 business days after the sale, if the sale brought more than the lender was owed

   The lender must send you, by certified mail, the amount it was owed, the winning bidder and the winning bid. If you get this letter, there may be surplus money, and you should ask for it in writing.

   Wyo. Stat. § 34-4-104(b)

7. Summons and complaint (court foreclosure only)

   Only if the lender chooses to sue instead of using advertisement and sale

   A lender can foreclose through the district court instead. If a sheriff or process server hands you a summons, there is a short deadline to respond, so contact Legal Aid of Wyoming the same day. The same three month redemption period applies after a court-ordered sale.

   Wyo. Stat. §§ 1-18-103, 1-18-111

The legal steps in Wyoming

1. Missed payments

   Federal rules generally stop your servicer from starting foreclosure until you are more than 120 days behind. Contact your servicer, a housing counselor and legal aid early.

   12 C.F.R. § 1024.41(f)

2. Notice of intent to foreclose

   The lender must send a written notice of intent to foreclose by certified mail to the record owner, and to the person living in the home if different, at least 10 days before it starts publishing the notice of sale.

   Wyo. Stat. § 34-4-103(a)(iv)

3. Notice of sale

   The notice of sale is published at least once a week for four weeks in a row in a newspaper in the county. Before the first publication, a copy must be sent to you by certified mail. The notice lists the amount claimed and the time and place of the sale.

   Wyo. Stat. §§ 34-4-104, 34-4-105

4. Foreclosure sale

   The home is sold at public auction between 10:00 a.m. and 5:00 p.m. A sale can be postponed by publishing a notice of the new date. If the sale brings more than the lender is owed, you must be sent the sale results within 10 business days.

   Wyo. Stat. §§ 1-18-101, 34-4-104(b), 34-4-109

5. Redemption period

   You have three months from the sale date to redeem by paying the sale price plus 10 percent yearly interest and any taxes, assessments or prior liens the buyer paid. You are entitled to stay in the home during these three months. For agricultural real estate the period is 12 months.

   Wyo. Stat. §§ 1-18-103, 1-18-104(e)

6. Deed and move-out

   If no one redeems, the buyer becomes entitled to a deed after the redemption periods end, including a further 30 days for creditors and lienholders. Your right to possession ends three months after the sale.

   Wyo. Stat. § 1-18-104

Common questions in Wyoming