Learn how Wyoming mortgage and deed-of-trust surplus is handled, claim timing, and limited tax-sale rules for personal property and county-resold property.
| Foreclosure type | Wyoming recognizes judicial foreclosure and nonjudicial foreclosure by advertisement. A sale may be made by the person named in the mortgage, the sheriff, or a deputy sheriff. In some mortgage sales, the mortgagee may also conduct it. (Wyo. Stat. §§ 34-4-106, 34-4-108) |
| Mortgage surplus | Proceeds pay sale costs, the foreclosed debt, then junior liens. Any surplus is payable on demand to the mortgagor, legal representatives, or assigns. (Wyo. Stat. § 34-4-113(a)) |
| Tax sale surplus | Rules differ by sale type. For certain personal-property distraint sales, the treasurer returns surplus to the owner. If a county buys property at a general tax sale and later sells it, surplus goes to county funds after tax and local assessment liens are paid. Other real-property tax-sale surplus rules remain unclear. (Wyo. Stat. § 15-6-425(c); Wyoming tax statutes) |
| Deadlines | A junior lienholder must make a signed demand with required materials within 30 days after sale results are served. The law gives no numeric deadline for a mortgagor's demand. Covered intangible property held by a government entity is deemed abandoned after one year unclaimed, but that is not a general claim deadline. (Wyo. Stat. §§ 34-4-113(b), 34-24-113) |
| If no one claims it | The sale-maker may hold mortgage surplus for the mortgagor or dispose of it under the unclaimed-property law. The one-year abandonment rule applies to covered intangible property held by a government entity, not every sale-maker. (Wyo. Stat. §§ 34-4-113, 34-24-113) |
| Fees and agreements | The Treasurer's FAQ says there is no limit on asset-finder payment, but agreements made within 24 months after payment or delivery to the state are unenforceable. Later agreements must be in writing. The FAQ doesn't say this applies to every property type. |
| Third parties | Mortgage surplus is payable on demand to the mortgagor's assigns. The law doesn't specifically address whether an agent may file a claim for someone else. |
Checked against the official state code and government office pages in November 2026.
Wyoming has mortgage foreclosure, deed-of-trust trustee sales, and tax-sale processes. The rules depend on the type of sale. Here's what the law says about mortgage and deed-of-trust surplus, plus what remains unclear for some tax-sale surplus.
Wyoming allows judicial and nonjudicial foreclosures. The nonjudicial power-of-sale process is called foreclosure by advertisement. A sale must be made by the person named in the mortgage, the county sheriff, or a deputy sheriff. When the mortgage provides for a mortgagee sale, the sheriff, a deputy sheriff, or the mortgagee may make the sale, at the mortgagee's option. (Common Questions About Foreclosure; Wyo. Stat. §§ 34-4-106, 34-4-108)
When a sale brings in more than the amount needed to pay the foreclosing party in full, that party must serve the sale results by certified mail within 10 business days. Recipients include the record owner and holders of recorded subordinate mortgages and liens. (Wyo. Stat. § 34-4-104(b))
Sale proceeds first pay reasonable collection and enforcement costs and, when allowed by law, reasonable attorney fees and legal expenses. Next, they pay the foreclosed mortgage debt. Then they pay debts secured by junior mortgages or other liens. Any amount left is surplus payable on demand to the mortgagor, legal representatives, or assigns. The mortgagee must account to the mortgagor for any surplus, and the mortgagor is liable for any deficiency. (Wyo. Stat. § 34-4-113(a), (c))
The fee for making the sale and deed is capped at $10. (Wyo. Stat. § 34-4-111)
A junior lienholder's demand must reach the foreclosing mortgagee within 30 days after the sale results are served. The demand must be signed by the lienholder and include the materials required by Wyo. Stat. § 1-18-104(c). Proceeds remaining for junior lienholders are paid as the parties in interest agree or as a court orders, based on lien priority and the extent of each interest. (Wyo. Stat. § 34-4-113(b))
If nobody makes a demand, the foreclosing mortgagee, officer, or other person making the sale may hold the surplus for the mortgagor or dispose of it under Wyoming's unclaimed-property law. There is no numeric deadline in this statute for the mortgagor's demand. Separately, intangible property held by a covered government entity is deemed abandoned if it remains unclaimed for more than one year after becoming payable or distributable. The holder must report covered property and pay or deliver it to the state administrator with the report. This government-holder rule does not apply to every sale-maker. (Wyo. Stat. §§ 34-4-113, 34-24-113, 34-24-120(a))
Tax-sale rules depend on the property and sale. For a county treasurer's distraint sale of personal property, the treasurer must return any surplus to the owner after taxes, interest, costs of keeping and transporting the property, and sale fees are paid. The real-property tax-sale rules shown here do not state a general former-owner claim right or deadline. (Wyoming tax statutes)
One specific rule applies when a county buys property at a general tax sale and later sells it. After the tax and local assessment liens are paid, any surplus goes to the proper county funds. The statute does not state a former-owner claim right or deadline for this surplus. (Wyo. Stat. § 15-6-425(c))
If covered intangible property is held by a public agency, it may be subject to the one-year abandonment and reporting rules described above. Do not treat the mortgage-foreclosure rules as general tax-sale rules. (Wyo. Stat. §§ 34-24-113, 34-24-120(a))
For mortgage surplus, the law names the mortgagor's assigns as people who may receive payment on demand. (Wyo. Stat. § 34-4-113(a)(iv))
Wyoming also has a separate rule for deed-of-trust trustee sales. Sale expenses are paid first, including a trustee commission of 5% of the first $300 and 2% of the rest. The remaining proceeds pay secured debts and surety claims, pro rata unless the deed sets a different order. Any surplus goes to the grantor, heirs, personal representatives, or assigns. (Wyo. Stat. § 34-3-102(a))
The Wyoming Treasurer's asset-finders FAQ says the law sets no limit on payment to asset finders. Agreements made within 24 months after the holder pays or delivers property to the state are unenforceable. Agreements made after that period must be in writing. The FAQ doesn't say if these rules apply to every property type, including real-estate-derived surplus. (Wyo. Stat. § 34-24-136)
Wyoming law makes it unlawful for someone who isn't a state bar member to hold themselves out or advertise as an attorney. The court's unauthorized-practice rule says only people authorized by the Wyoming Supreme Court may practice law. They also can't claim they're authorized or competent to do so. (Wyo. Stat. § 33-5-117; Wyo. R. P. Gov. Unauthorized Practice of Law, Rule 2)
I've been recovering surplus funds since 2013. That's over 2,000 cases and more than $100 million recovered for foreclosure victims across the country. These claims can come during a hard time for families. A careful, respectful approach matters. First, confirm if the money comes from a mortgage foreclosure or a tax sale. Then check the rules for that track.
If you want to learn how this business actually works, join the free Surplus Funds Masterclass at surplusfunds.ai, or join the free Surplus Funds Collective community on Skool at skool.com/surplusfunds.
This guide is education, not legal advice. Laws change, so check the official statute and talk to a licensed attorney in your state before you act.
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