- Who sends it
- The lender or its attorney, by certified mail with return receipt, to the record owner and to the person living in the home if that is someone else
- What it starts
- A wait of at least 10 days before the lender can begin publishing the notice of sale in a county newspaper (Wyo. Stat. § 34-4-103(a)(iv))
- Do this first
- Write down the date it was mailed, then call your servicer, a free HUD-approved housing counselor and Legal Aid of Wyoming
What this notice is in Wyoming
Most Wyoming home loans can be foreclosed without a court case when the mortgage has a power of sale. Wyoming calls this foreclosure by advertisement and sale (Wyo. Stat. § 34-4-102).
Before a lender can start that process, Wyo. Stat. § 34-4-103(a)(iv) requires a written notice of intent to foreclose the mortgage by advertisement and sale. It must be sent by certified mail with return receipt to the last known address of the record owner, and of the person in possession if that is a different person. The lender proves it sent the notice by signing an affidavit.
The same section lists other things that must be true before a sale by advertisement: there must be a default that makes the power of sale usable, the mortgage and every assignment must be recorded, and there must be no pending lawsuit to collect the same debt (unless it was dropped or the judgment went unpaid).
What it does and does not mean
- It is not a sale date. The sale date comes later, in the Notice of Foreclosure Sale.
- It is not an eviction. Even if a sale happens, Wyoming lets you stay in the home for three months after the sale (Wyo. Stat. § 1-18-104(e)).
- It does mean the lender is getting ready to advertise a sale. Wyoming does not give you a statutory right to catch up and stop the sale, so any chance to reinstate comes from your loan papers and your servicer.
- The national guide to a notice of intent to foreclose explains how these letters work in other states.
The deadline it starts and how to count it
- The notice must be mailed at least 10 days before the newspaper notice of sale is first published (Wyo. Stat. § 34-4-103(a)(iv)). The 10 days count from the mailing date, not the day you signed for it. The statute does not say calendar or business days, so plan on calendar days.
- The 10 days is a minimum. Many lenders wait longer before they publish.
- After that, the notice of sale must run once a week for four weeks in a row before the sale (Wyo. Stat. § 34-4-104(a)). So the sale is usually at least about five weeks after this notice.
- Under federal rules, your servicer generally cannot make the first foreclosure filing until you are more than 120 days behind (12 C.F.R. § 1024.41(f)). If a complete loss mitigation application reaches your servicer more than 37 days before a sale, the servicer cannot hold the sale while it reviews it (12 C.F.R. § 1024.41(g)).
See how long foreclosure takes in Wyoming for the full timeline.
What to do this week
- Keep the envelope and the green certified mail card or tracking number. They show when the notice was mailed.
- Check that the notice names you and your property correctly. If someone else lives in the home, ask whether they got their own copy.
- Call your servicer and ask in writing for a reinstatement amount, a payoff amount and a loss mitigation application. Ask what deadline it will accept a payment by.
- Call a free HUD-approved housing counselor at (800) 569-4287 to help you send a complete application quickly.
- If your loan is with the Wyoming Community Development Authority, call its servicing team at (307) 265-5102 or (800) 273-4635. Its homeowner page lists mortgage assistance application packets.
- Read how to stop foreclosure in Wyoming for each option and when it ends.
Free help in Wyoming and scam warnings
Wyoming has no statewide foreclosure mediation program that we could find. Legal Aid of Wyoming gives free civil legal help to low-income residents at 1-877-432-9955, Monday to Friday, 9 a.m. to 4 p.m., or through its online application. The Wyoming Judicial Branch legal help page lists court navigators, free legal answers and other services. More options are on the Wyoming foreclosure help page.
- Wyoming has no law written just for foreclosure rescue companies that we could find. Be very careful with anyone who asks for an upfront fee or asks you to sign over your deed.
- Free housing counseling exists, so you never need to pay someone to talk to your servicer for you.
- Report a suspected scam to the Wyoming Attorney General's Consumer Protection and Antitrust Unit at (307) 777-6397 or ag.consumer@wyo.gov.
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
Can a Wyoming lender publish a sale notice without sending a notice of intent first?
Wyo. Stat. § 34-4-103(a)(iv) makes the notice of intent a requirement for foreclosure by advertisement. It must go by certified mail at least 10 days before publication starts. If you never got one, or it came too late, tell Legal Aid of Wyoming or a lawyer right away. Only a lawyer can tell you what that means for your case.
My relative lives in the home but I own it. Who gets the notice?
Both of you. The statute says the notice goes to the record owner and to the person in possession if that is a different person, each at their last known address.
Can I still catch up after getting this notice in Wyoming?
Wyoming law does not set a right to reinstate that we could find. Your mortgage or your servicer's rules may allow it. Ask your servicer for the amount and deadline in writing as soon as possible, and get any agreement to stop the sale in writing.
Other Wyoming letters
- Notice of Foreclosure SaleA Wyoming Notice of Foreclosure Sale gives the date, time and place your home will be auctioned. It is mailed to you by certified mail before it first appears in the newspaper, and it must run once a week for four weeks in a row. You still have three months to redeem after any sale.
- 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.
Sources
- Wyoming Statutes Title 34, including §§ 34-4-102 to 34-4-104 (foreclosure by advertisement)
- Wyoming Statutes Title 1, including § 1-18-104 (possession during redemption)
- Legal Aid of Wyoming
- Wyoming Judicial Branch: Legal Help
- Wyoming Community Development Authority: Homeowners
- Wyoming Attorney General: Consumer Protection and Antitrust Unit