Wyoming Tax Foreclosure
Prevention

Wyoming provides for the recovery of surplus funds from both tax foreclosure and mortgage foreclosure sales. Tax sale surplus is governed by Section 39-13-107, while mortgage foreclosure surplus is addressed under Section 34-4-113. Wyoming's framework for mortgage foreclosure surplus is detailed, providing that surplus proceeds go to the mortgagor, their legal representatives, or assigns upon demand. If no demand is made, the surplus may be retained by the foreclosing mortgagee or disposed of under the state's unclaimed property act (W.S. 34-24-101 et seq.). Wyoming restricts finder's agreements for state-held unclaimed property -- agreements made within 24 months of the holder's transfer to the state are unenforceable. After that period, agreements must be in writing. Wyoming is a workable state for surplus recovery, particularly for claims filed before funds reach the state level. Note: This guide reflects information current as of April 2026. Tax foreclosure laws are actively evolving following the landmark Tyler v. Hennepin County Supreme Court decision (2023). Always verify current statutes and consult with a licensed attorney before taking action.

Wyoming's tax foreclosure process is governed by Section 39-13-107 (Compliance; collection procedures). When property taxes become delinquent, the county initiates collection procedures that can ultimately result in the sale of the property. The process involves: 1. Tax Delinquency: The property owner fails to pay property taxes by the deadline. 2. Collection Procedures: The county follows the procedures outlined in Section 39-13-107, which include notice to the property owner and opportunities to pay. 3. Sale: If taxes remain unpaid after the prescribed procedures, the property may be sold. 4. Surplus: If the property sells for more than the delinquent taxes, penalties, interest, and costs, the excess constitutes surplus funds. The County Treasurer or Tax Collector is the primary point of contact for tax sale surplus in Wyoming. While the source material provides limited detail on the specific tax sale auction process, the statute establishes that surplus from tax sales exists and can be claimed.

Surplus funds in Wyoming arise from both tax sales and mortgage foreclosures. Tax Sale Surplus: Under Section 39-13-107, surplus from tax sales exists when the sale price exceeds the delinquent taxes and associated charges. The former property owner is generally entitled to claim this surplus through the County Treasurer or Tax Collector. Mortgage Foreclosure Surplus (Section 34-4-113): After a mortgage foreclosure sale, proceeds are distributed in the following order: 1. Reasonable expenses of collection and enforcement, and attorney's fees as provided by law 2. Satisfaction of the obligations secured by the mortgage being foreclosed 3. Satisfaction of obligations secured by any subordinate or junior mortgage or lien on the property 4. Surplus proceeds on demand to the mortgagor, their legal representatives, or assigns If no demand is made for the surplus, the foreclosing mortgagee, officer, or other person making the sale may either retain the surplus for later disposition to the mortgagor or dispose of it under the state's unclaimed property act (W.S. 34-24-101 et seq.). This "on demand" requirement means that the former owner must actively request the surplus -- it will not be automatically distributed.

Key Wyoming statutes: - Section 39-13-107 (Compliance; collection procedures): Governs the tax foreclosure process and establishes that surplus from tax sales exists. - Section 34-4-113 (Payment of proceeds): Governs mortgage foreclosure surplus distribution. Establishes the priority order for distributing sale proceeds and provides that surplus goes to the mortgagor on demand. - W.S. 34-24-101 et seq. (Unclaimed Property Act): Wyoming's unclaimed property framework, which applies when mortgage foreclosure surplus is not claimed and is disposed of by the foreclosing party. - W.S. 34-24-118: Governs reporting of unclaimed property by holders. - W.S. 34-24-120: Governs delivery of unclaimed property from holders to the state. - Section 34-24-136 (Agreements to locate property): Restricts finder's agreements. Agreements made within 24 months after the holder transfers property to the state are unenforceable. Agreements made within 12 months before the scheduled reporting date are also unenforceable. Agreements entered into after the 24-month period must be in writing. Wyoming's framework is straightforward but requires active engagement from claimants, particularly the "on demand" requirement for mortgage foreclosure surplus. In Tyler v. Hennepin County (2023), the U.S. Supreme Court ruled unanimously that governments cannot keep surplus proceeds from tax sales beyond what is owed, finding this violates the Takings Clause of the Fifth Amendment. This landmark ruling has strengthened property owners' rights to surplus funds nationwide.

To claim surplus funds in Wyoming: Tax Sale Surplus: 1. Contact the County Treasurer or Tax Collector in the county where the property was sold. 2. Inquire about surplus from the tax sale of your property. 3. File a written claim with proof of identity and proof of prior ownership. 4. Provide property description and tax sale details. 5. Receive payment once the claim is verified. Mortgage Foreclosure Surplus: 1. Contact the County Treasurer or Tax Collector (Wyoming uses the same contact for both). 2. Make a demand for surplus proceeds under Section 34-4-113. The statute requires that you actively demand the surplus. 3. Provide proof of identity and proof that you were the mortgagor, legal representative, or assign. 4. If the foreclosing party has already disposed of the surplus under the unclaimed property act, contact the Wyoming State Treasurer's unclaimed property division. Unclaimed Property Claims: 1. Search Wyoming's unclaimed property database. 2. File a claim with the state, following the State Treasurer's instructions. 3. Wait for verification and processing. The key difference in Wyoming is the "on demand" requirement -- you must affirmatively ask for your surplus. It will not come to you automatically.

Wyoming's time-related provisions: - No Specific Tax Surplus Deadline: The source material does not specify a particular deadline for claiming tax sale surplus from the county. However, general statutes of limitation and unclaimed property rules may apply. - Mortgage Foreclosure - On Demand: Under Section 34-4-113, surplus proceeds are available "on demand" to the mortgagor. If no demand is made, the surplus may be retained by the foreclosing party or transferred to the state as unclaimed property. - 24-Month Finder's Fee Restriction: Under Section 34-24-136, finder's agreements are unenforceable within 24 months after the holder transfers property to the state. - 12-Month Pre-Reporting Restriction: Finder's agreements are also unenforceable within 12 months before the scheduled reporting date for the holder. - No Clear Escheatment Deadline: The source material does not indicate a hard deadline after which surplus permanently escheats in Wyoming. While Wyoming does not appear to have the same hard claim-barring deadlines as some states (like Texas's two years or West Virginia's two years), acting promptly is always advisable. The longer surplus sits unclaimed, the more likely it is to be transferred to the state, complicating the recovery process.

AuctionBlock.org is a mission-driven company that helps former property owners recover surplus funds from foreclosure sales for a flat $2,000 fee upon successful recovery. Our services for Wyoming property owners: - Free surplus research: We will contact the County Treasurer or Tax Collector to determine whether surplus exists from your property's tax sale or mortgage foreclosure. - Free demand preparation: We will help you prepare your written demand for surplus proceeds under Section 34-4-113, ensuring it meets all requirements. - Free claim filing: Whether your funds are at the county or state level, we will help you navigate the process. - No fees: AuctionBlock.org charges nothing. You keep 100% of your recovered surplus. This is especially valuable given Wyoming's restrictions on finder's agreements. - Unclaimed property search: We will search Wyoming's unclaimed property database on your behalf. - Education: We will explain your rights under Wyoming law, including the "on demand" requirement and the priority order for mortgage foreclosure proceeds. - Prevention resources: We provide educational materials to help Wyoming property owners stay current on taxes and avoid foreclosure. Do not let surplus funds sit unclaimed or get transferred to the state. Contact AuctionBlock.org today for a free consultation about your Wyoming surplus fund claim.