State Foreclosure Law

Wyoming Foreclosure Laws

Wyoming is a non-judicial foreclosure state — the primary path uses the deed of trust power of sale under Wyo. Stat.

Process
Varies
Both judicial and non-judicial available §
Typical Timeline
Varies
From first notice to sale
Homestead Exemption
$20,000. Protects up to $20,000 of equity in yo...
Automatic — no filing required
Deficiency Judgment
yes
See details below
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
5 cited
39 needs check
3 gaps
Not legal advice. This page provides general information about Wyoming foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Wyoming-licensed attorney for situation-specific advice.

For a step-by-step guide to options and resources, see the Wyoming Foreclosure Guide →

Governing Statutes

Citation Title Covers
Wyo. Stat. § 34-4-101 et seq. Deeds of Trust — Power of Sale Foreclosure Primary framework for non-judicial foreclosure of deeds of trust in Wyoming. Establishes requirements for the power of sale clause, Notice of Sale (publication, posting, mailing), trustee's sale procedures, and deed conveyance.
Wyo. Stat. § 34-4-104 Foreclosure by Advertisement and Sale Governs the non-judicial foreclosure process for deeds of trust with a power of sale. Requires publication of Notice of Sale once a week for 4 consecutive weeks in a newspaper published in the county where the property is located. Sale must be at the courthouse door or another public place in the county.
Wyo. Stat. § 34-4-105 Trustee's Deed and Recording Governs the recording of the trustee's deed after sale. The deed conveys all right, title, and interest of the grantor (borrower) to the purchaser.
Wyo. Stat. § 1-18-101 et seq. Judicial Foreclosure and Redemption Framework for judicial foreclosure of mortgages and deeds of trust. Provides for a 3-month post-sale redemption period (Wyo. Stat. § 1-18-103), which may be reduced or waived. Deficiency judgments are allowed.
Wyo. Stat. § 1-18-103 Right of Redemption After Judicial Sale Establishes a 3-month post-sale redemption period after judicial foreclosure. The borrower may redeem the property by paying the sale price plus costs within 3 months. Does NOT apply to non-judicial foreclosure.
Wyo. Stat. § 1-18-102 Deficiency Judgments Allows deficiency judgments after foreclosure. The lender may seek a deficiency judgment for the difference between the sale price and the outstanding debt. Wyoming does NOT require a fair market value credit — the actual sale price is used.
Wyo. Stat. § 1-20-101 Homestead Exemption Establishes a $20,000 homestead exemption for Wyoming residents. Protects that amount of equity in the homeowner's primary residence from forced sale by judgment creditors. Does NOT protect against mortgage or deed of trust foreclosure.
Wyo. Stat. § 34-4-102 Deed of Trust Requirements Establishes requirements for deeds of trust in Wyoming. The deed of trust must be in writing, recorded, and contain a power of sale clause to enable non-judicial foreclosure.

Non-Judicial Foreclosure Process

Awaiting verification
1
Default and Federal 120-Day Waiting Period
At least 120 days after first payment delinquency
Federal law requires your servicer to wait at least 120 days after the first missed payment before starting foreclosure. During this time, the servicer must try to contact you and review you for loss mitigation options. Wyoming's own non-judicial process is fast once it starts, so the federal 120-day rule provides the primary pre-foreclosure protection.
2
Notice of Intent to Foreclose Mailed
Before publication of Notice of Sale
The lender or trustee mails a notice to the borrower stating the intent to foreclose, the amount owed, and the right to cure the default. Wyoming requires this notice before the formal publication process begins.
Defense opportunity: If the lender fails to provide proper notice, you may challenge the foreclosure in court.
3
Notice of Sale Published and Posted
Published once/week for 4 consecutive weeks; sale after last publication
The trustee publishes a Notice of Sale once a week for 4 consecutive weeks in a newspaper of general circulation in the county where the property is located. The notice must describe the property, state the default amount, name the parties, and give the time, date, and place of sale. The notice must also be posted on the property.
Defense opportunity: If the trustee fails to provide proper notice (wrong property description, insufficient publication, failure to post), you may challenge the sale in court.
4
Right to Cure Before Sale
Any time before the trustee's sale
You can stop the foreclosure at any time before the trustee's sale by paying all past-due amounts, fees, and costs. Wyoming does not specify a separate statutory cure period — you have until the sale to reinstate. Act quickly, because the Wyoming process is fast.
5
Trustee's Sale
On the advertised sale date; typically 60-90 days from first publication
The trustee holds a public auction at the courthouse door or another public place in the county, at the time specified in the Notice of Sale. The lender can credit bid up to the full outstanding debt without paying cash. Third-party bidders must pay in cash or certified funds. The highest bidder receives a trustee's deed. There is NO post-sale redemption right after a non-judicial foreclosure in Wyoming.
Defense opportunity: You can challenge the sale if the trustee did not comply with notice requirements, if there was fraud, or if the sale was conducted improperly.
6
Trustee's Deed Recorded and Possession
Immediately after sale; eviction proceedings 3-6 weeks if needed
The trustee records the deed, transferring title to the purchaser. There is no post-sale redemption right for non-judicial foreclosure in Wyoming — the sale is final. If you do not leave voluntarily, the buyer can file for eviction. IMPORTANT: Wyoming allows deficiency judgments, so the lender may pursue you for the remaining balance after the sale.

Judicial Foreclosure Process

Awaiting verification
1
Complaint Filed in District Court
After 120-day federal delinquency requirement is met
Lender files a foreclosure complaint in the district court of the county where the property is located. Names all parties with an interest in the property. Requests foreclosure judgment, court-ordered sale, and deficiency judgment.
2
Service, Answer, Judgment, and Court-Ordered Sale
4-9 months from complaint filing in typical uncontested case
Defendants are served; borrower has 20 days to answer. Court enters foreclosure judgment (default or after hearing). Property is advertised and sold at public auction under court supervision. Sale is confirmed by the court.
3
Post-Sale Redemption Period
3 months after judicial sale
After judicial foreclosure, you have a 3-month right of redemption. During this period, you can redeem the property by paying the sale price plus costs. The redemption period may be waived in certain circumstances. This redemption period does NOT apply to non-judicial foreclosure.

Homeowner Protections

Awaiting verification
Homestead Exemption
$20,000. Protects up to $20,000 of equity in your primary residence from judgment creditors. Does NOT stop mortgage or deed of trust foreclosure.
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
yes
Wyoming's deficiency judgment rules are among the most LENDER-FRIENDLY in the country. After foreclosure (both judicial and non-judicial), the lender can sue you for the difference between the sale price and what you owed.
Right of Redemption
No post-sale redemption for non-judicial foreclosure.
Pre-sale reinstatement available. Before the trustee's sale.
Right to Cure
You can cure the default and reinstate the loan at any time before the trustee's sale by paying all past-due amounts, fees, and costs
All arrears, late charges, trustee fees, and costs to reinstate; full accelerated balance to satisfy

Foreclosure Mediation in Wyoming

Wyoming does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.

Alternatives & Financial Assistance

Wyoming law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements. Loan modification programs exist at both the federal and state level.

Wyoming's Wyoming HAF / Wyoming Homeowner Assistance Fund (Winding down; check current availability with WCDA) received Approximately $50 million from federal American Rescue Plan Act (2021) in federal funding. Program details: wyomingcda.com.

For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the Wyoming Foreclosure Guide.

Post-Sale Proceedings Under Wyoming Law

After a foreclosure sale in Wyoming, the new owner must provide written notice before initiating eviction proceedings.

Surplus fund rights after a Wyoming foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.

For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the Wyoming Foreclosure Guide.

Special Foreclosure Types in Wyoming

Beyond the standard judicial and non-judicial foreclosure process, Wyoming law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Available under state law.
Tax Lien Foreclosure
See details.

Lien Priority in Wyoming

Generally first in time, first in right. Wyoming recording statutes govern lien priority.

HOA/COA liens do not have super-lien priority over first mortgages in Wyoming. Consult a local attorney for specific lien priority questions.

Statute of Limitations in Wyoming

Mortgage Foreclosure
10
Written Contracts
10
Promissory Note
10
Deficiency Judgment

Probate & Inheritance in Wyoming

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Wyoming law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Automatic Stay on Death
No automatic stay. Foreclosure may proceed during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
Foreclosure must be served on the estate or personal representative of a deceased borrower.
Heir Protections
Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.
Executor Reinstatement Rights
The executor or personal representative may reinstate the mortgage by curing the default.
Garn-St. Germain Act
Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.
Uniform Home Protection Act (UPHPA)
Not adopted in this state.

Consumer Protection & Compliance in Wyoming

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Wyoming.

UDAP Statute
Wyoming Consumer Protection Act §
Prohibits deceptive business practices.
Foreclosure Rescue Fraud Laws
No specific foreclosure rescue fraud statute. General consumer protection laws apply.
No specific foreclosure rescue fraud statute.
Attorney Advertising Rules
Wyoming Rules of Professional Conduct govern attorney advertising and solicitation.
Lead Generation Restrictions
No Wyoming-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.
Barratry
Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.
Wyoming professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Wyoming

  • Wyoming Legal Services
    Free civil legal services for low-income Wyoming residents, including housing and foreclosure defense.
    wyolegalservices.com →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Wyoming. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Wyoming →
  • 📞
    HUD Housing Counseling Hotline
    Free foreclosure prevention counseling.
    1-800-569-4287 →
  • 📞
    Wyoming Legal Services
    Free legal assistance for low-income Wyoming residents statewide.
    1-877-432-9955 →
  • 📞
    Wyoming Community Development Authority (WCDA)
    State housing programs, HAF assistance, and mortgage assistance referrals.
    307-265-0603 →
  • 📞
    Wyoming Attorney General Consumer Protection
    Report mortgage fraud and consumer protection violations.
    307-777-7874 →
  • 📞
    Wyoming 2-1-1
    Statewide referral service for housing, utility, and social service assistance.
    2-1-1 →
  • 📋
    Wyoming State Bar Lawyer Referral Service
    State bar lawyer referral service.
    wyomingbar.org →
  • 🎓
    Wyoming Volunteer Attorneys for the Arts / Pro Bono Program
    Coordinated through the Wyoming State Bar; provides pro bono legal representation for qualifying low-income residents.
    wyomingbar.org →
🛟
Free help is available for homeowners facing foreclosure in Wyoming. Contact the HUD Housing Counseling Hotline at 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.