WY
Wyoming
Wyoming allows both nonjudicial foreclosure by advertisement and judicial foreclosure. Surplus is generally held by the foreclosing party, the sheriff or the court depending on the route taken, and is paid to junior lienholders and then the former owner. County treasurers handle tax sale procedures and any money remaining afterward.
Terms commonly used in Wyoming
These are legally different procedures and are kept separate on purpose. Make sure you are reading the one that matches your sale.
Wyoming allows mortgages and deeds of trust to be foreclosed by power of sale outside of court, meaning most foreclosures happen through a nonjudicial process run by the officer or trustee handling the sale. Wyoming Statute § 34-4-113 addresses how proceeds from these foreclosure sales must be applied: first to the costs and expenses of the sale, then to the debt being foreclosed, and any remaining money must be paid over as directed by law. If there is a surplus after the debt and costs are covered, that money generally belongs to the former owner or, if there are other lienholders with claims recorded against the property, it may need to be distributed according to their priority. Because Wyoming's power-of-sale foreclosure happens without a judge overseeing every step, the party who conducted the sale (often a trustee or the sheriff) is usually the one responsible for handling surplus funds, and a dispute over who should receive the money may need to be resolved by filing a case in district court. Anyone looking for surplus funds should start by contacting the trustee or officer who conducted the sale.
Who may have a claim
- Former homeowner
- Second mortgage lender
- Judgment lien creditor
- Homeowners association
- Heirs of a deceased owner
- Co-owner or spouse
- Mechanic's lien holder
Priority among claimants may depend on title, recorded liens, court orders, probate and state law. Being listed here does not mean a claim will succeed.
Where the money may be held
- Trustee or officer who conducted the foreclosure sale
- District Court (if a dispute requires court resolution)
Commonly required documents
- Government-issued photo IDCommonly required
- Copy of the notice of foreclosure saleCommonly required
- Proof of prior ownership (deed)Commonly required
- Mortgage or lien documents, if applicableSituation-dependent
- Judgment documentation, if a creditorSituation-dependent
- Written demand letter to the trusteeCommonly required
- Death certificate and probate paperwork (if heir)Situation-dependent
- W-9 or taxpayer ID formSituation-dependent
- Proof of current mailing addressCommonly required
Could an attorney be needed?
Attorney likely advisable
Circumstances where legal help is more often advisable or required
- • The former owner is deceased
- • Probate has not been opened
- • Multiple heirs disagree
- • The claimant is a trust or business entity
- • Competing lienholders filed claims
- • Ownership is disputed
- • There is an assignment or transfer of claim
- • The claim requires a motion or petition
- • A hearing is scheduled
- • Another party objects
- • There are bankruptcy issues
- • There are judgments or unresolved liens
- • The claimant is a minor or incapacitated person
- • The deadline may have expired
- • The claimant lives outside the United States
- • The court requires representation for an entity
- • Local rules require attorney involvement
Dependable Funds Recovery is not a law firm and does not provide legal advice. When legal representation is required or advisable, clients may be referred to an independent licensed attorney.
Deadlines
Wyoming does not appear to set one specific statewide deadline for claiming surplus funds after a nonjudicial foreclosure sale. Because there is no automatic court deposit process in every case, it is especially important to contact the trustee promptly and, if needed, seek legal advice about time limits that might apply to a district court claim.
- Trigger date
- completion of the foreclosure sale and application of proceeds
- Varies by county or claim type
- No
- Confirmed against an official source
- Not yet verified
- Source last checked
- 2026-08-04
Typical claim complexity
Highly fact-dependent
Why, specifically:
- • No court automatically holds or tracks surplus funds
- • Trustee has discretion in handling proceeds
- • Disputes may require filing a new district court case
- • Lien priority can be complicated with multiple creditors
Complexity is shown so you can judge the work involved for yourself. A complex rating does not mean you cannot file on your own.
Official resources
Official links for Wyoming have not been verified and published yet.
Sources and review record
- Date last reviewed
- 2026-08-04
- Reviewed by
- Johnny — Dependable Funds Recovery
- Wyo. Stat. § 34-4-113 – Payment of Proceeds — Wyo. Stat. Ann. § 34-4-113 (checked 2026-08-04)
County, court, and trustee procedures may differ from statewide practice. Laws, forms, fees, and deadlines can change without notice.
This page is general information, not legal advice, and is not a substitute for reading the controlling statute, rule, order or official instructions for your case.
Optional
Guided claim checker
Answer a short set of questions about your Wyoming situation and we will show you, in plain English, which review steps typically apply. This is general education only — not legal advice, and not a guarantee that funds exist or can be recovered.
Not sure which process applies to your case?
Submitting information does not create an attorney-client relationship, guarantee eligibility, or guarantee recovery. You may be able to pursue a claim directly through the applicable court, county, trustee, or government agency.