- Who sends it
- The foreclosing lender, by certified mail with return receipt, to the record owner and holders of recorded junior mortgages and liens. It may be a copy of the certificate of sale
- What it starts
- A 30 day window, counted from when the results are served, for junior lienholders to demand payment from the surplus ahead of you (Wyo. Stat. § 34-4-113(b))
- Do this first
- Send a dated, signed written demand for the surplus to the lender and the officer who held the sale, and keep proof you sent it
What this letter is in Wyoming
Wyo. Stat. § 34-4-104(b) says that if the sale brings more than is needed to pay the foreclosing lender in full, the lender must serve the sale results within 10 business days after the sale. They go by certified mail with return receipt to the record owner and holders of recorded junior mortgages and liens.
The sale results must show the amount owed to the lender on the sale date, the name of the winning bidder and the amount of the winning bid. If the certificate of sale has that information, the lender may send you a copy of it instead.
The national guide to a surplus funds notice explains how surplus works in other states.
What it does and does not mean
- It usually means the winning bid was higher than the lender's claim. Subtract the amount owed from the winning bid to get a rough idea of the extra.
- It does not mean the money is yours yet. Under Wyo. Stat. § 34-4-113(a), the officer or 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 on demand.
- It does not end your right to redeem. You still have three months from the sale date (Wyo. Stat. § 1-18-103).
- If no letter comes, the sale may simply not have brought more than was owed. You can still ask the lender's attorney and the sale officer for the figures.
The deadlines and how to count them
- The lender has 10 business days after the sale to send the results. Count business days, so weekends and holidays do not count.
- Junior lienholders have 30 days after the results are served to send a signed demand with the required papers. A timely demand is paid from the surplus ahead of you, by agreement of everyone involved or by court order (Wyo. Stat. § 34-4-113(b)).
- The statute does not give you a deadline to demand your surplus, but do not wait. If no demand is made, the lender or sale officer may keep it for you or turn it over under Wyoming's unclaimed property law (Wyo. Stat. § 34-4-113(a)(iv)).
What to do this week
- Write a short letter asking for the surplus. Include your name, the property address, the sale date, your current mailing address and phone number, and sign and date it.
- Send it to the foreclosing lender or its attorney and to the sheriff or other person who held the sale. Use certified mail and keep copies.
- Make a list of any second mortgage, judgment or other lien on the home, since those may be paid first.
- If you find later that the money was sent to the state, search the Wyoming State Treasurer's unclaimed property list and file a claim yourself at no cost.
- Ask Legal Aid of Wyoming at 1-877-432-9955 if a lienholder's claim looks wrong.
Scam warnings
- Sale results are sent to lienholders and the certificate of sale is public, so surplus finders may contact you. You do not need one to make a demand.
- For money already turned over to the state, a finder fee agreement made within 24 months after the money reaches the state cannot be enforced (Wyo. Stat. § 34-24-136).
- Never sign a form that assigns your surplus to someone else without talking with legal aid first. Report pushy finders to the Wyoming Attorney General's Consumer Protection and Antitrust Unit.
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
Who holds my surplus after a Wyoming foreclosure sale?
Wyo. Stat. § 34-4-113(a) says the officer or other person who made the sale pays out the proceeds. Send your written demand to both the foreclosing lender and that officer or person.
Can a second mortgage lender take part of my Wyoming surplus?
Yes, if it sends a signed demand with the required papers within 30 days after the sale results are served. Junior liens are paid from the surplus before you, in order of priority (Wyo. Stat. § 34-4-113(b)).
What if I never got the Wyoming sale results letter?
The lender must send it only when the sale brought more than the lender was owed. Ask the lender's attorney and the sale officer for the amount owed on the sale date and the winning bid. The recorded certificate of purchase also shows the bid.
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.
- 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.