- Who sends it
- The buyer at the foreclosure sale, the new owner, or someone acting for them, by leaving a written copy with you or at your home
- What it starts
- A wait of at least 3 days before the buyer can file a forcible entry and detainer case in circuit court (Wyo. Stat. § 1-21-1003)
- Do this first
- Check the date of the sale. If three months have not passed, show the notice to Legal Aid of Wyoming right away
What this notice is in Wyoming
Wyoming calls an eviction case forcible entry and detainer, or FED. Under Wyo. Stat. § 1-21-1002(a)(iii), the buyer at a sale under a power of sale in a mortgage or trust deed can bring this case after demanding possession. Section 1-21-1002(a)(ii) covers sales after a court foreclosure.
Before filing, Wyo. Stat. § 1-21-1003 requires the buyer to notify you to leave. The notice must be served at least three days before the case is filed, by leaving a written copy with you, or at your usual home or business if you cannot be found.
The Wyoming Judicial Branch form for this is FED 01, Notice to Quit Premises. One of its reason boxes says the property has been sold and the new owner wants possession. The form says that if you do not leave within three days of being served, an action to remove you may be brought.
What it does and does not mean
- It is not a court order. No one can force you out based on this notice alone. A judge must enter a judgment and issue a writ of restitution first.
- After a Wyoming foreclosure sale you are entitled to possession and any rents for three months, or 12 months for agricultural property (Wyo. Stat. § 1-18-104(e)). The buyer is entitled to possession only after that.
- If the buyer is the lender, it may still be open to a workout. Before the sheriff's deed is recorded, the lender can rescind the sale (Wyo. Stat. § 1-18-115).
- The national guide to a notice to vacate explains how these notices work in other states.
The deadline and how to count it
- The notice must be served at least three days before the buyer files the case. The statute does not say calendar or business days, so plan on calendar days counted from the day it was left with you or at your home.
- After the case is filed, the summons must be served at least 3 and no more than 12 days before the trial date (Wyo. Stat. § 1-21-1004). That case is explained on the FED summons page.
- If you are a renter living in a foreclosed home, federal and lease rules may give you more time. Ask legal aid.
What to do this week
- Write down the date and how you got the notice: handed to you, left at the door, or mailed.
- Find your sale date and count three months from it. If the notice came before then, tell Legal Aid of Wyoming at 1-877-432-9955.
- If you want to stay longer or need money to move, ask the buyer in writing whether it will agree to a move-out date or a cash for keys deal. Get any agreement in writing.
- Start packing and plan where you will go, even while you look for help.
- Read what happens after a foreclosure sale in Wyoming.
Free help and warnings
Wyoming courts have court navigators and self-help forms, including an optional answer for eviction cases (FED 08 and FED 09). The Wyoming Judicial Branch legal help page and Legal Aid of Wyoming can help. See the Wyoming foreclosure help page.
- Do not ignore later court papers. If the buyer files a case and you do not show up, the court tries the case without you.
- Be careful with anyone who offers to stop an eviction for a fee.
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 the buyer give me a notice to quit right after a Wyoming foreclosure sale?
Wyo. Stat. § 1-18-104(e) lets you keep possession for three months after the sale, or 12 months for agricultural property. If you get a notice to quit before that time is up, show it to Legal Aid of Wyoming right away.
Can the buyer change the locks after the three days?
The Wyoming process is a court case. The buyer files a forcible entry and detainer case, and if it wins, the sheriff or other officer carries out a writ of restitution (Wyo. Stat. §§ 1-21-1012, 1-21-1013). If someone tries to lock you out without a court order, call legal aid.
Does the notice have to be on a court form?
Wyo. Stat. § 1-21-1003 requires a written notice to leave. The Wyoming Judicial Branch offers form FED 01, Notice to Quit Premises, but the law we read does not say the court form must be used.
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.
- 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.
- 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.