- Who sends it
- The foreclosing lender or its attorney, by certified mail with return receipt, before the first newspaper publication
- What it starts
- Four weeks of newspaper notice, at least once each week, before the sale can be held (Wyo. Stat. § 34-4-104(a))
- Do this first
- Circle the sale date, call the person named in the notice to confirm it, and call Legal Aid of Wyoming the same day
What this notice is in Wyoming
Wyo. Stat. § 34-4-104(a) requires notice that the mortgage will be foreclosed by a sale of the home. The notice is published at least once a week for four weeks in a row in a newspaper printed in your county, or in a state newspaper that circulates there if your county has none.
Before the first publication, a copy must be served by certified mail with return receipt on the record owner, the person living in the home if different, and holders of recorded junior mortgages and liens. It goes to the address in the mortgage unless another address was recorded or given to the lender.
Under Wyo. Stat. § 34-4-105, the notice must list the names of the borrower, the lender and any assignee, the date of the mortgage and when it was recorded, the amount claimed to be due, a description of the property, the time and place of sale, and a warning that the property may be subject to other liens that the sale will not wipe out.
What it does and does not mean
- It means a sale date is set. Wyoming sales are public auctions between 10 a.m. and 5 p.m. at the front door of the county courthouse, or where the district court meets (Wyo. Stat. § 34-4-106).
- It is not an eviction. After a sale you can stay in the home and keep any rents for three months, or 12 months for agricultural property (Wyo. Stat. § 1-18-104(e)).
- The sale is run by the person the mortgage names or by the sheriff or a deputy. The sheriff may not hold the sale unless the lender or its agent is there or has waived in writing its right to appear and bid. A sale that breaks § 34-4-106 is void by law.
- The national guide to a notice of sale explains how these notices work in other states.
The deadlines and how to count them
- The mailed copy must go out before the first publication. The statute does not set a number of days between the mailed copy and the sale beyond the four weeks of publication.
- Count four weeks from the first newspaper date. The sale cannot be earlier than the end of four straight weeks of notice, at least once in each week.
- A sale can be postponed. The lender publishes a notice of postponement in the same newspaper, at least once a week for two weeks in a row, until the new date (Wyo. Stat. § 34-4-109). The sale must also be postponed if the lender or its agent is not there and has not waived in writing (Wyo. Stat. § 34-4-108).
- If your servicer receives a complete loss mitigation application more than 37 days before the sale, it cannot hold the sale while it reviews it (12 C.F.R. § 1024.41(g)). Count back 37 days from the sale date to see if you still have time.
- After a sale you have three months from the sale date to redeem (Wyo. Stat. § 1-18-103).
What to do this week
- Check the amount claimed, the property description and the sale date, time and place. Keep the certified mail envelope.
- Call the person named in the notice, or the county sheriff's office if the sheriff is holding the sale, to confirm the date. Check the newspaper for any notice of postponement.
- Ask your servicer in writing for a payoff figure, a reinstatement figure and a postponement while it reviews a complete loss mitigation application.
- Call Legal Aid of Wyoming at 1-877-432-9955. If you think a notice rule was broken, a lawyer can tell you whether you can ask the district court to stop the sale.
- If you are thinking about bankruptcy, talk with a bankruptcy lawyer before the sale. Filing triggers an automatic stay (11 U.S.C. § 362).
- Start planning for redemption. Read what happens after a foreclosure sale in Wyoming.
Help and scam warnings
A free HUD-approved housing counselor can help at (800) 569-4287. Legal Aid of Wyoming and the Wyoming Judicial Branch legal help page are listed on the Wyoming foreclosure help page.
- Newspaper sale notices are public. Expect letters and calls from investors and rescue companies.
- Do not pay an upfront fee to anyone who promises to stop the sale, and never sign over your deed to someone who says you can stay and buy it back later.
- Report scams to the Wyoming Attorney General's Consumer Protection and Antitrust Unit at (307) 777-6397.
The rest of the Wyoming process
See how foreclosure works in Wyoming, the timeline, ways to stop it and free help in Wyoming, or read the national guide to this letter.
Common questions
Where and when are Wyoming foreclosure sales held?
Between 10 a.m. and 5 p.m., at the front door of the county courthouse or the place where the district court meets in the county, under Wyo. Stat. § 34-4-106. Your notice gives the exact time and place.
Can my Wyoming sale be moved to a new date?
Yes. Under Wyo. Stat. § 34-4-109, the lender publishes a notice of postponement in the same newspaper at least once a week for two weeks in a row. Call the person named in your notice and watch the newspaper for the new date.
Will the buyer get my home free of other liens?
Not always. Wyo. Stat. § 34-4-105 requires the notice to warn that the property may be subject to other liens and encumbrances that the sale will not wipe out. Ask Legal Aid of Wyoming how the sale affects any second mortgage or other lien on your home.
Does the sale end my rights in Wyoming?
No. You can redeem within three months of the sale by paying the sale price plus 10 percent yearly interest and certain costs, and you can stay in the home during that time (Wyo. Stat. §§ 1-18-103, 1-18-104(e)).
Other Wyoming letters
- Notice of Intent to ForecloseA Wyoming Notice of Intent to Foreclose is the first paper in a foreclosure by advertisement and sale. Wyoming law requires it before the lender can start publishing a notice of sale. It does not set a sale date, but the newspaper notice can start as soon as 10 days after it is mailed.
- Certificate of PurchaseA Wyoming Certificate of Purchase is the paper the sheriff or other officer gives the winning bidder instead of a deed. It is recorded with the county. It says the buyer gets a deed only if no one redeems, and you have three months from the sale date to redeem and stay in the home.
- Sale Results (Notice of Excess Proceeds)In Wyoming, if a foreclosure sale brings in more money than the lender is owed, the lender must mail you the sale results within 10 business days. Getting this letter usually means there may be surplus money. The surplus is paid to you on demand, after costs, the mortgage and timely claims from junior lienholders.
- Notice to Quit PremisesA Wyoming Notice to Quit Premises, often called a three day notice to quit, tells you to leave the home. After a foreclosure sale, the buyer must serve it at least three days before filing a forcible entry and detainer (eviction) case. It is not a court order, and only a court can order you out.
- Forcible Entry and Detainer (Eviction) SummonsA Wyoming Forcible Entry and Detainer (Eviction) Summons tells you the date, time and place of a circuit court trial on whether the buyer can take possession of the home. You do not have to file a written answer to take part, but you do need to show up. If the buyer wins, the officer can carry out a writ of restitution within two days.