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Wyoming

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Wyoming — Tax & Mortgage Foreclosure

Legal information, not legal advice. Verify against the cited primary sources before acting. Last verified: 2026-06-01.

Wyoming is a tax-lien certificate state with a procedure that is unusual in two ways and that creates a significant tyler-v-hennepin-county exposure.

First, the lien is not auctioned by competitive bid-down of interest. The county treasurer holds an annual tax sale in late summer (typically August) at which delinquent parcels are offered to registered buyers selected by random draw / rotational assignment — a number is drawn, the holder of that number may take the next announced parcel at the fixed statutory return (a 3% penalty plus 15% per annum interest) or pass, and the draw rotates (Wyo. Stat. § 39-13-108; county treasurer procedures statewide). The buyer receives a certificate of purchase ($20 fee). (Some county pages and commercial summaries describe a “bid-down-interest” overlay; the official county-treasurer pages consulted describe a random-draw / rotational system with no bidding down — the discrepancy is flagged in needs_verification.)

Second — and this is the core business and constitutional point — there is no resale auction at the back end of the ordinary private track. After the four-year redemption period runs (Wyo. Stat. § 39-13-108(e)), the certificate holder who satisfies the strict statutory notice may apply for a treasurer’s tax deed between four and six years from the sale and takes title to the entire property for the amount of back taxes, penalties, interest, and costs. No surplus is generated and none is returned to the former owner. A $30,000 tax debt can thus capture a$300,000 home with the $270,000 of equity flowing to the certificate holder — exactly the “equity theft” that Tyler v. Hennepin County, 598 U.S. 631 (2023), held to be an unconstitutional taking. Wyoming’s § 39-13-108 does require surplus return in two other collection paths — distraint and sale of personal property (treasurer “shall return to the owner any surplus proceeds”) and a county-initiated judicial foreclosure / commissioner’s action (post-confirmation proceeds, after costs, to “persons holding prior interests … as their interests may appear,” claimable within two years or credited to the county sinking fund) — but not in the private certificate-holder tax-deed track that produces nearly all residential losses. As of this verification no enacted Wyoming statute has been located that retrofits surplus/equity protection onto the private tax-deed track in response to Tyler; Wyoming is therefore classified non_compliant (private tax-deed track) pending verification of any 2024–2026 reform bill.

Mortgage debt is foreclosed predominantly non-judicially by advertisement and sale under Title 34, Ch. 4 (power-of-sale mortgages). The mortgagee must account to and pay the mortgagor any surplus, and a deficiency is available (Fitch v. Buffalo Federal Sav. & Loan). Post-sale redemption is 3 months (12 months for agricultural real estate) at the bid price plus 10% per annum (Wyo. Stat. § 1-18-103).

0. Identity & Classification

  • Recording unit: county (count: 23). [Source: corroborated by multiple county-treasurer pages + general knowledge; official count cite flagged in needs_verification.]
  • Tax sale type: tax-lien certificate (certificate of purchase), redeemable, converting to a treasurer’s tax deed to the certificate holder if unredeemed — no back-end resale auction. [Source: Wyo. Stat. § 39-13-108; Sweetwater, Lincoln, Goshen, Albany county treasurers.]
  • Tax foreclosure process: administrative for the ordinary private track — the county treasurer issues the tax deed after the redemption period and statutory notice; no court action is needed to vest title (though a quiet-title suit is used to clear it). A separate county-initiated judicial foreclosure path also exists (proceeds confirmed by a court). [Source: Wyo. Stat. § 39-13-108(e); county treasurer pages.]
  • Mortgage foreclosure process: both — predominantly non-judicial foreclosure by advertisement and sale (power of sale, Title 34, Ch. 4); judicial foreclosure also available. [Source: Wyo. Stat. §§ 34-4-101 to -113; performance-law.com Wyoming Foreclosure Law.]
  • Selling authority: county treasurer (tax-lien sale, certificate of purchase, tax deed); sheriff (mortgage foreclosure-by-advertisement sale and execution/judicial sales). [Source: Wyo. Stat. § 39-13-108; § 34-4-104 et seq.]
  • Statutory home: Tax enforcement — Wyo. Stat. § 39-13-108 (Title 39, Ch. 13, Ad Valorem Taxation) — https://codes.findlaw.com/wy/title-39-taxation-and-revenue/wy-st-sect-39-13-108/ ; Mortgage foreclosure by advertisement — Title 34, Ch. 4 — https://law.justia.com/codes/wyoming/title-34/chapter-4/ ; Redemption of realty sold under mortgage/execution — Title 1, Ch. 18 (§ 1-18-103) — https://law.justia.com/codes/wyoming/title-1/chapter-18/section-1-18-103/ ; full code download — https://wyoleg.gov/statutes/compress/title39.docx
  • Tyler v. Hennepin compliance: non_compliant (private tax-deed track) / partial. The private certificate-holder track conveys the whole property by tax deed with no surplus to the former owner, the precise mechanism Tyler condemned. Surplus is returned in the personal-property-distraint and county-judicial- foreclosure paths (§ 39-13-108), but those are not the high-volume residential track. No post-Tyler curative statute located. [Source: Wyo. Stat. § 39-13-108; Tyler v. Hennepin County, 598 U.S. 631 (2023).]

1. Tax Sale Mechanics

  • What is sold: a tax lien evidenced by a certificate of purchase; the purchaser pays the delinquent taxes and acquires a lien plus the right to a tax deed if unredeemed. [Source: Wyo. Stat. § 39-13-108; Sweetwater County treasurer.]
  • Bidding method: rotational / random draw assignment at most counties — a buyer number is drawn, that buyer may take the next-announced parcel or pass, and the draw rotates through all registered buyers; no competitive bid-down of interest or premium is described on the official county pages. Some counties now run the sale online (e.g., GovEase / RealAuction). [Source: Goshen, Albany, Lincoln, Sweetwater county treasurers; GovEase. Bid-down-interest overlay flagged in needs_verification.]
  • Interest / penalty (redemption accrual): 3% penalty of the amount purchased charged the day of sale, plus 15% simple interest per annum from the date of sale until redemption (statutory maximum 15%). Subsequent taxes paid by the holder accrue at 15%. [Source: Wyo. Stat. § 39-13-108; Sweetwater / Lincoln / Goshen county treasurers.]
  • Delinquency interest (pre-sale): unpaid current-year taxes bear 18% per annum until paid (Wyo. Stat. § 39-13-108). [Source: § 39-13-108 (delinquency interest).]
  • Minimum bid composition: delinquent taxes + accrued penalties + interest + costs/fees (there is no bidding above this in the random-draw model). [Source: county treasurer pages.]
  • Sale frequency / typical month: annual, held in August at most counties (e.g., Sweetwater Aug. 7, 2025; Lincoln Aug. 4, 2025; Teton first two weeks of August). [Source: Sweetwater, Lincoln, Teton county treasurers.]
  • Venue / platforms: in person at many counties; online at others via GovEase / RealAuction. Confirm format with the specific county. [Source: county treasurer pages; GovEase.]
  • Registration & deposit: pre-registration with a completed IRS Form W-9; one registered buyer per taxpayer ID; payment in cash/certified funds/check by a same-day deadline. $20 certificate-of-purchase fee. [Source: Goshen, Albany, Sweetwater county treasurers; Wyo. Stat. § 39-13-108 ($20 certificate fee).]
  • Subsequent taxes (“subs”): the certificate holder may pay later-year delinquencies; these are added to the redemption amount and accrue at the statutory rate. [Source: county treasurer pages; § 39-13-108.]

2. Right of Redemption → see right-of-redemption

  • Pre-sale right: the owner may pay delinquent taxes (plus 18% delinquency interest) any time before the tax sale. [Source: Wyo. Stat. § 39-13-108.]
  • Post-sale period: four (4) years from the date of the tax sale. Redemption remains possible until a valid tax-deed application has been filed and accepted by the treasurer; the holder may not apply for a deed earlier than 4 years, and the treasurer may not issue a deed after 6 years from the sale. [Source: Wyo. Stat. § 39-13-108(e); Hull v. D’Arcy, 2009 WY 30; Goshen / Sweetwater county treasurers.]
  • Who may redeem: the owner of record, any person with a legal or equitable interest, occupants, and lienholders. A minor or person under legal disability receives extended time (the § 39-13-108 disability provisions parallel the 2-year / post-disability claim windows). [Source: Wyo. Stat. § 39-13-108. Exact list flagged for verification.]
  • Amount formula: taxes sold + 3% penalty + 15% per annum interest from sale date + subsequent taxes (at 15%) + redemption fee (up to $20). [Source: Wyo. Stat. § 39-13-108; Sweetwater / Goshen county treasurers.]
  • Premium to certificate holder: none beyond the statutory 3% penalty + 15% interest; Wyoming does not bid down or pay a separate premium.
  • Procedure: the redemptioner pays the county treasurer, who issues a certificate of redemption ($20 fee) and remits to the certificate holder. [Source: Wyo. Stat. § 39-13-108; county treasurer pages.]
  • Extinguishment: the right ends when the redemption period expires and the treasurer accepts a compliant tax-deed application and issues the deed. Defective statutory notice voids the deed and the owner’s redemption right survives (see Module 6; Hull v. D’Arcy; Thompson-Green v. Drobish). [Source: 2009 WY 30; 2006 WY 126.]
  • Special tolling: legal disability (statutory); federal overlays — bankruptcy-automatic-stay and scra-protections. [Detail flagged.]

3. Surplus / Excess Proceeds → see surplus-funds, third-party-recovery-rules

  • Belongs to: NOT APPLICABLE on the private tax-deed track — the certificate holder takes the whole property by tax deed and no surplus is created, so none is returned to the former owner (this is the core Tyler problem). Surplus does belong to: (a) the owner of personal property sold by distraint (treasurer “shall return to the owner any surplus proceeds … after payment of taxes, interest, costs … and fees of sale”); and (b) “persons holding prior interests … as their interests may appear” in the county-initiated judicial foreclosure / commissioner’s-sale path, after costs. [Source: Wyo. Stat. § 39-13-108.]
  • Claim waterfall (county judicial-foreclosure / commissioner’s-sale proceeds, § 39-13-108):
    1. Costs of the action and sale;
    2. Balance to persons holding prior interests in the real property as their interests may appear (lienholders/former owner by priority). [Source: Wyo. Stat. § 39-13-108.]
  • Filing venue: county treasurer (distraint surplus); claims to judicial-foreclosure proceeds are made in/through the county following confirmation of sale. [Source: Wyo. Stat. § 39-13-108.]
  • Claim deadline: for the county judicial-foreclosure proceeds, payment may be claimed within two (2) years from confirmation of sale (within one year from removal of a legal disability); unclaimed proceeds are credited to the county sinking fund. [Source: Wyo. Stat. § 39-13-108.]
  • Escheat: unclaimed judicial-foreclosure proceeds → county sinking fund after 2 years (§ 39-13-108). General unclaimed property is administered by the Wyoming State Treasurer’s Unclaimed Property Division (Title 34, Ch. 24, Revised Uniform Unclaimed Property Act). [Source: Wyo. Stat. § 39-13-108; Title 34, Ch. 24 (RUUPA) — flagged for direct cite.]
  • Documentation required: proof of ownership/interest and identity to the treasurer or court. [Detail flagged for verification.]
  • Third-party recovery (governs whether a surplus-recovery agent may operate):
    • fee_cap_pct: unverified — no Wyoming statute capping surplus-recovery / finder fees on tax or foreclosure surplus located. (For unclaimed property generally, RUUPA, Title 34 Ch. 24, typically voids/limits locator agreements within a set window — flagged for direct cite.)
    • licensing_required: unverified — no specific surplus-recovery license identified.
    • assignment_of_claim_allowed: unverified — the § 39-13-108 surplus runs to “prior interests”; assignability not addressed in the section.
    • cooling_off_period: unverified (RUUPA locator-agreement window likely governs unclaimed-property claims).
    • contract_disclosure_rules: unverified (likely governed by RUUPA writing/ signature/disclosure rules for locate agreements).
    • prohibited_practices: unverified.
    • citation: Wyo. Stat. § 39-13-108 (surplus paths); Title 34, Ch. 24 (RUUPA) — all third-party-recovery specifics flagged in needs_verification.
  • Notice to former owner required? Yes for the tax-deed application (certified-mail + publication, see Module 6) and for the personal-property distraint account; the practical Tyler defect is the absence of any post-deed surplus return, not the absence of notice. [Source: Wyo. Stat. § 39-13-108.]

▸ For Investors / Operators — On Wyoming’s private certificate track an overbid does not create a returnable surplus — the certificate holder takes the whole parcel by tax deed for the tax debt, so the relevant variables are the four-year redemption risk (§2/2b — the certificate is assignable; the redemption right itself is not separately sold), the path to marketable/insurable title (§5b — quiet title plus the 40-year Marketable Title Act and the § 39-13-108 burden-shift / 6-year deed cap), and surviving liens (§7b — un-noticed federal tax liens, special assessments, no HOA super-priority). Surplus is generated and waterfalled only in the county judicial-foreclosure and personal-property distraint paths (§3).

▸ For Former Owners — A Wyoming tax sale on the ordinary private track does not pay you a surplus — the certificate holder acquires the entire property. Your leverage is the four-year redemption right (§2 — pay taxes + 3% penalty + 15% interest before a valid tax deed issues) and the strict § 39-13-108(e) notice the holder must give (§6 — a defect voids the deed). Where the county forecloses judicially, proceeds above the debt run to prior interest-holders and are claimable for two years (§3).

4. Mortgage Foreclosure

  • Process: both. Power-of-sale mortgages are foreclosed non-judicially by advertisement and sale (Title 34, Ch. 4); judicial foreclosure is also available. [Source: Wyo. Stat. §§ 34-4-101 to -113.]
  • Prerequisites (§ 34-4-103): an actual default; no pending action or proceeding at law to recover the debt (or, if one was begun, it has been discontinued / execution returned unsatisfied); and the mortgage is of record. [Source: Wyo. Stat. § 34-4-103; performance-law.com.]
  • Timeline (non-judicial / § 34-4-104 & -105):
    • Pre-publication mailed notice of intent to foreclose to the record owner and person in possession by certified mail, return receipt, at least 10 days before the first publication;
    • Publication of the notice of sale once a week for four (4) consecutive weeks in a county newspaper;
    • Certified-mail notice (return receipt) to the record owner, person in possession, and junior recorded lienholders/mortgagees of record at least 25 days before the sale;
    • Sale by the sheriff (or person authorized) at public auction to the highest bidder. [Source: Wyo. Stat. §§ 34-4-104, 34-4-105; performance-law.com.]
  • Reinstatement right: Wyoming recognizes pre-sale cure/reinstatement in practice; exact statutory reinstatement provision flagged for verification.
  • Redemption after sale: Yes — 3 months from the sale date for ordinary real estate; 12 months for “agricultural real estate.” Redemption price = the purchase price + 10% per annum interest from sale + taxes/assessments and prior liens the purchaser paid, with interest. [Source: Wyo. Stat. § 1-18-103; performance-law.com.]
  • Who may redeem (mortgage): the mortgagor/owner first (within the 3- or 12-month period); junior lienholders may redeem in a subsequent window. [Source: Wyo. Stat. §§ 1-18-103 to -105 — junior-creditor window flagged for direct cite.]
  • Deficiency judgment: allowed. A mortgagee foreclosing by power of sale (advertisement) may sue for the deficiency after the sale; Wyoming imposes no fair-value offset / no “one-action” bar on a power-of-sale foreclosure (Fitch v. Buffalo Federal Sav. & Loan, 751 P.2d 1309 (Wyo. 1988)). [Source: 751 P.2d 1309; Wyo. Stat. § 34-4-113.]
  • Surplus distribution (mortgage): the mortgagee must account to and pay the mortgagor for any surplus after satisfying the debt, costs, and fees (Wyo. Stat. § 34-4-113). [Source: Wyo. Stat. § 34-4-113; performance-law.com.]
  • Sale officer: sheriff (foreclosure-by-advertisement and judicial/execution sales). [Source: Wyo. Stat. § 34-4-104 et seq.]

5. Sale Procedure Playbooks

Treasurer / tax-lien & tax-deed procedure → see treasurer-sale

  1. Taxes become delinquent; unpaid balances accrue 18%/yr (Wyo. Stat. § 39-13-108).
  2. Treasurer advertises delinquent parcels (publication 3 consecutive weeks) and holds the annual tax sale (August).
  3. Registered buyers (W-9 on file) are selected by random draw / rotation; the selected buyer pays the delinquency and receives a certificate of purchase ($20), entitling them to a 3% penalty + 15%/yr return.
  4. Owner may redeem for 4 years by paying taxes + 3% penalty + 15% interest + subs
    • $20 redemption fee (Wyo. Stat. § 39-13-108).
  5. No earlier than 4 years after the sale, the holder gives the statutory notice — written/printed notice served at least 3 months before the application on each person in actual possession and the person in whose name assessed; if they cannot be found, publication — and applies for a treasurer’s tax deed (return of certificate + fees + proof of notice) (Wyo. Stat. § 39-13-108(e)).
  6. Treasurer issues the tax deed conveying the property to the certificate holder (subject to special assessments). No resale auction; no surplus to the former owner. Deed may not issue after 6 years from the sale.
  7. Quiet-title action to clear/insure the tax-deed title; the statute places the burden of proof on any party seeking to invalidate a tax/commissioner’s deed (§ 39-13-108).

Sheriff / mortgage foreclosure-by-advertisement → see sheriff-sale

  1. Default; lender confirms no pending action and a recorded mortgage with power of sale (Wyo. Stat. § 34-4-103).
  2. Mailed intent-to-foreclose notice (certified, ≥10 days pre-publication); publish 4 weeks; certified-mail notice ≥25 days to owner/possessor/junior lienholders (§§ 34-4-104, -105).
  3. Sheriff’s sale to highest bidder; mortgagee accounts for surplus to mortgagor and may pursue a deficiency (§ 34-4-113; Fitch).
  4. Redemption: 3 months (12 months agricultural) at price + 10%/yr (§ 1-18-103); sheriff’s deed issues after the period.
  • Notice requirements: tax deed — § 39-13-108(e) certified/served notice 3 months prior + publication; mortgage — 4-week publication + 10-day pre-publication mailing + 25-day certified mailing (§§ 34-4-104, -105). [Source: Wyo. Stat. § 39-13-108(e); §§ 34-4-104, 34-4-105.]
  • Upset bid / confirmation: no North-Carolina-style upset bid. Mortgage foreclosure-by-advertisement is a one-shot sheriff’s auction; a court confirms the county judicial-foreclosure tax track. [Source: Wyo. Stat. § 39-13-108 (confirmation in judicial track).]
  • Payment terms: tax sale — cash/certified funds same day; sheriff’s sale — cash to highest bidder. [Source: county treasurer pages.]
  • Deed issued: treasurer’s tax deed (no warranty; statutory burden of proof on challengers; § 39-13-108); sheriff’s deed (mortgage, after redemption period). [Source: Wyo. Stat. § 39-13-108; Title 34, Ch. 4.]

6. Due Process & Notice → see due-process-notice

  • Standard: Wyoming requires that the statutory prerequisites to a tax title be literally, or at least substantially, complied with “because the law favors the owners,” though strict compliance is “not … carried to the point of absurdity” (Barlow v. Lonabaugh, 61 Wyo. 118, 156 P.2d 289 (1945)). This aligns with mullane-v-central-hanover (“reasonably calculated”), the returned-mail follow-up duty of jones-v-flowers, and actual notice to record interests under mennonite-v-adams. [Source: Barlow v. Lonabaugh (as quoted in Thompson-Green v. Drobish, 2006 WY 126).]
  • Required attempts: for a tax deed, written/printed notice served at least 3 months before application on each person in actual possession and the person in whose name assessed; if not found, publication (Wyo. Stat. § 39-13-108(e)(v)). For mortgage, the §§ 34-4-104/-105 mailing + publication scheme. [Source: Wyo. Stat. § 39-13-108(e); §§ 34-4-104, -105.]
  • Consequence of defective notice: void. Failure to serve a required owner the statutory notice invalidates the tax deed — and a defect as to one owner of record voids the deed as to all owners (Thompson-Green v. Drobish, 2006 WY 126); genuine fact issues on whether the owner received notice preclude validating the deed (Hull v. D’Arcy, 2009 WY 30). [Source: 2006 WY 126; 2009 WY 30.]
  • Leading cases: thompson-green-v-drobish-2006, hull-v-darcy-2009, barlow-v-lonabaugh, tyler-v-hennepin-county.

7. Title & Marketability

  • Deed warranty level: treasurer’s tax deed conveys no warranty; § 39-13-108 places the burden of proof on any party seeking to invalidate title conveyed by a tax or commissioner’s deed. [Source: Wyo. Stat. § 39-13-108.]
  • Marketable immediately? No in practice — title is clouded by potential notice/redemption challenges until cured. [Source: practice; Thompson-Green, Hull.]
  • Quiet title required? Effectively yes for marketable/insurable title and to cut off owner challenges. [Industry practice — flagged.]
  • SOL to challenge deed: the 6-year outer limit on issuing a deed and the § 39-13-108 burden-shift bear on challenges; the exact limitations period to attack an issued tax deed is flagged for verification.
  • Title insurance availability: generally only after quiet title; insurers typically will not insure a raw Wyoming tax-deed title. [Industry practice — flagged.]
  • Common defects: defective/short § 39-13-108(e) notice (the recurring fatal defect — Thompson-Green, Hull); failure to serve every record owner; issuance after the 6-year cap; assessment/description errors.

8. Case Law (real, verified)

CaseYearTopicHolding (plain English)Source
thompson-green-v-drobish-20062006due_process, sale_procedure, redemptionA tax purchaser who fails to give the § 39-13-108(e) notice cannot get a valid tax deed; a notice defect as to one owner of record voids the deed as to all owners (2006 WY 126, 143 P.3d 897).https://law.justia.com/cases/wyoming/supreme-court/2006/448174.html
hull-v-darcy-20092009due_process, redemptionWhere genuine fact issues exist on whether the former owner received the statutorily required pre-deed notice, summary judgment validating the tax deed is improper; defective notice inhibits the owner’s redemption right (2009 WY 30, 202 P.3d 417).https://law.justia.com/cases/wyoming/supreme-court/2009/454341.html
barlow-v-lonabaugh1945due_process, sale_procedureStatutory prerequisites to a tax title must be literally or at least substantially complied with because “the law favors the owners,” but compliance is not carried “to the point of absurdity” (61 Wyo. 118, 156 P.2d 289).https://law.justia.com/cases/wyoming/supreme-court/2006/448174.html
fitch-v-buffalo-federal1988mortgage_foreclosureAfter a power-of-sale (advertisement) foreclosure, the mortgagee may sue for the deficiency; Wyoming imposes no statutory bar or fair-value limit on the deficiency action (751 P.2d 1309).https://law.justia.com/cases/wyoming/supreme-court/1988/121942.html
tyler-v-hennepin-county2023surplus, due_processGovernment (or its tax-sale transferee) may not keep surplus equity beyond the tax debt; retention is an unconstitutional taking (598 U.S. 631). Wyoming’s no-surplus tax-deed track is squarely exposed.https://www.supremecourt.gov/opinions/22pdf/22-166_8n59.pdf

Note: Barlow v. Lonabaugh is quoted/applied within the verified Thompson-Green v. Drobish opinion; its standalone reporter cite (61 Wyo. 118, 156 P.2d 289) is taken from that opinion and flagged for a direct-source pull of the 1945 decision.

9. Edge Cases (state-specific notes)

  • bankruptcy-automatic-stay — A bankruptcy filing stays the tax-deed application and the foreclosure-by-advertisement sale; Chapter 13 can cure delinquent taxes through a plan. The § 39-13-108 4-year clock is tolled by the federal stay (federal overlay; Wyoming statute silent).
  • federal-tax-lien-redemption — The IRS holds a 120-day post-sale redemption right where a sale discharges a junior federal tax lien (26 U.S.C. § 7425) — federal overlay in Wyoming.
  • heirs-property — Each heir/co-owner is a “person in whose name assessed” or a person in possession entitled to § 39-13-108(e) notice; a defect as to any one owner voids the deed as to all (Thompson-Green v. Drobish).
  • scra-protections — The Servicemembers Civil Relief Act may stay sale and toll redemption for active-duty members (federal overlay).
  • tyler-v-hennepin-county / equity forfeiture — Wyoming’s private tax-deed track conveys the whole parcel to the holder with no surplus return, the exact mechanism Tyler held unconstitutional; a Wyoming owner stripped of equity has a colorable Takings claim until the Legislature provides a surplus remedy.
  • Manufactured homes — taxed as real or personal property depending on affixation; unaffixed homes are collected by distraint (which does return surplus). [Mechanism flagged for verification.]
  • Void vs. voidable — Wyoming treats a tax deed issued on defective statutory notice as void (not merely voidable) (Thompson-Green, Hull). See void-vs-voidable.

10. Operations

2b. Redemption Advanced

Assignability of the redemption right:

  • Who holds it: the owner of record and any person with a legal or equitable interest, occupant, or lienholder may redeem during the four-year window (Wyo. Stat. § 39-13-108). The statute enumerates redemptioners broadly; it does not restrict redemption to heirs or mortgagees.
  • Is the right separately assignable? Wyoming’s tax-redemption right is not packaged as a separately marketable instrument the way the purchaser’s certificate is. The operative mechanism by which a third party acquires the ability to redeem is to take a conveyance of the owner’s interest (becoming “a person with a legal or equitable interest”), then redeem at the treasurer’s office. No court approval is required, and there is no natural-persons-only restriction. needs_verification — no retrieved Wyoming appellate decision squarely on a stranger-investor taking an owner’s deed solely to acquire redemption standing.
  • Statute/case: Wyo. Stat. § 39-13-108 (who may redeem). (FindLaw § 39-13-108, via search corroboration; Justia/FindLaw blocked direct fetch.)

Equitable vs. statutory redemption:

  • Wyoming’s tax-sale redemption is statutory (§ 39-13-108, four years). There is no separate equitable right of redemption surviving the statutory window on the tax track; redemption ends when the period runs and the treasurer accepts a compliant tax-deed application. (Mortgage foreclosure has its own pre-sale equity of redemption, extinguished at the sheriff’s sale, plus the § 1-18-103 statutory post-sale redemption — see §4.)
  • Distinct from statutory: No for the tax track. available_pre_sale_only: the pre-sale ability to pay delinquent taxes (plus 18% delinquency interest) is payment-to-avoid-sale, not post-sale equitable redemption.

Installment redemption:

  • Chapter 13 / § 39-13-108 provides no statutory installment-redemption plan; redemption requires payment of taxes + 3% penalty + 15% interest + subs + the redemption fee in full within the four-year window. needs_verification — no Wyoming primary source authorizing partial/installment redemption of a tax-sale amount.

Assignment of the certificate / tax deed mid-redemption (purchaser side):

  • Permitted. The lien created by a certificate of purchase runs to “a holder’s or county’s assigns,” and § 39-13-108 expressly contemplates that the holder “or his assigns” may apply for the tax deed on proper notice. Counties administer reassignment for a fee (e.g., Sublette County: assignment to another person after Aug. 1 for a $20 fee). (§ 39-13-108 — assignment language, via search corroboration; Sublette County Treasurer, via search.) The assignee steps into the holder’s position for both the redemption refund and the eventual tax deed.
  • Restrictions: the treasurer is not obligated to find a buyer or effect a reassignment for a holder who cannot meet its obligation; the holder must arrange its own assignee (Lincoln County treasurer guidance). No entity-type restriction stated.

3b. Surplus Advanced

Claim assignability (county judicial-foreclosure / distraint surplus):

  • Full assignment vs. fee agreement: On the private tax-deed track there is no surplus to assign (the holder takes the whole property). Where surplus exists — the county judicial-foreclosure path (proceeds to “persons holding prior interests … as their interests may appear”) and the personal-property distraint path (“surplus … returned to the owner”) — § 39-13-108 does not expressly authorize or regulate an outright assignment of the surplus claim, nor cap a recovery/finder fee. needs_verification — assignability of the § 39-13-108 surplus claim and any fee/disclosure rule are not addressed in the section.
  • Fee cap applies to assignments? No statutory cap located for tax/foreclosure surplus recovery. For general unclaimed property, Wyoming’s Revised Uniform Unclaimed Property Act (Wyo. Stat. Title 34, Ch. 24) governs locator/finder agreements and typically restricts fees and voids agreements entered within a set window after the property is reported — but the § 39-13-108 county-judicial surplus escheats to the county sinking fund, not to the State Treasurer, so RUUPA’s finder rules do not clearly reach it. needs_verification (RUUPA locator-agreement fee cap / window; whether it reaches county-held tax-foreclosure proceeds).
  • Statute: Wyo. Stat. § 39-13-108 (surplus paths); Title 34, Ch. 24 (RUUPA, general).

Statute of limitations on the surplus claim:

  • County judicial-foreclosure proceeds: payment “may be claimed within two (2) years from confirmation of sale” (within one year from removal of a legal disability); unclaimed proceeds are credited to the county sinking fund. Trigger = date of confirmation of sale. (§ 39-13-108, via search corroboration + county pages.)
  • Private tax-deed track: N/A — no surplus is generated, so no surplus SOL runs.

Competing-claimant procedure:

  • Filing race? Not a pure first-to-file rule. In the county judicial-foreclosure path the court confirms the sale and distributes proceeds to “persons holding prior interests in the real property as their interests may appear” — i.e., by recorded priority, not by order of claim filing. The confirmation proceeding is the forum for competing claims. interpleader_used: not specified by statute; resolution is in the confirming court. needs_verification — § 39-13-108 does not prescribe a formal interpleader; practice not retrieved.

Deceased-owner procedure:

  • Where the owner/prior-interest-holder is deceased, the estate is entitled and a personal representative with letters has standing to claim. With no open estate, heirs typically open probate (or use a summary/small-estate procedure under the Wyoming Probate Code, Title 2) to establish entitlement. needs_verification — whether Wyoming counties accept a direct-heir surplus claim without probate letters; Title 2 small-estate threshold.

Fraudulent-conveyance exposure:

  • An assignment of a surplus claim (or of the underlying property interest) by an insolvent owner to hinder, delay, or defraud creditors is exposed to a creditor challenge under Wyoming’s Uniform Fraudulent Transfer Act (the short title of Wyo. Stat. Title 34, Ch. 14, Art. 2). (Wyo. Stat. § 34-14-201 — “This act may be cited as the ‘Uniform Fraudulent Transfer Act.’”, retrieved 2026-06-02 from official Title 34 PDF.)
  • Limitations: a claim for relief is extinguished unless brought, for an actual-intent transfer, within two (2) years after the transfer “or, if later, within six (6) months after the transfer … was or could reasonably have been discovered”; for constructive-fraud transfers, within two (2) years. (Wyo. Stat. § 34-14-210, retrieved 2026-06-02.) A good-faith transferee for value is protected (§ 34-14-209). Wyoming has adopted UFTA, not the later UVTA. needs_verification — confirm no UVTA-renaming amendment post-dates this code pull.

Surplus-claimant notice:

  • For the county judicial-foreclosure path the court confirms the sale and proceeds run to prior-interest-holders as their interests appear; § 39-13-108 directs the proceeds by priority but the section’s affirmative court-notice-to-lienholders mechanism is not separately retrieved. needs_verification — method/timeline of any court notice to lienholders of confirmed-sale proceeds. (On the private tax-deed track the relevant notice is the § 39-13-108(e) pre-deed notice, not a surplus notice — there is no surplus.)

5b. Title Advanced

Quiet title — when required vs. optional:

  • Practical standard: A Wyoming treasurer’s tax deed does not convey immediately marketable or insurable title. The recurring fatal defect is short or defective § 39-13-108(e) notice, which renders the tax deed void (Thompson-Green v. Drobish; Hull v. D’Arcy, §6/§8). Title insurers generally will not insure a raw tax-deed title until the redemption period and challenge windows have run and curative work (commonly a quiet-title action) is done. The statute does not mandate quiet title.
  • Action type / court: judicial action to quiet title under Wyo. Stat. § 1-32-201: “An action may be brought by a person in possession of real property … against any person who claims an estate or interest therein adverse to him … for the purpose of determining the adverse estate or interest.” Filed in the District Court of the county where the land lies. (Wyo. Stat. § 1-32-201, via search corroboration; Justia direct fetch 403.)
  • Typical timeline / cost: uncontested district-court quiet-title actions commonly run several months to roughly a year; service by publication on unknown owners/heirs lengthens it; cost is typically a few thousand dollars (attorney fee + filing + title abstract + publication). needs_verification — these are practice estimates, not statutory figures.
  • Cures all pre-sale defects? A properly served quiet-title judgment extinguishes joined claims and clouds, but does not by its own force resurrect title where the tax deed was void for a jurisdictional § 39-13-108(e) notice failure (the owner’s interest was never cut off) — and does not clear an un-noticed federal tax lien (§7b).

Judicial confirmation:

  • Private tax-deed track: none — the treasurer issues the deed administratively after the redemption period and statutory notice; no court confirmation precedes the deed (§ 39-13-108(e)). County judicial-foreclosure track: the court confirms the sale before proceeds are distributed (§ 39-13-108). (§ 39-13-108, via search + county pages.)

Marketable Title Act:

  • Exists. Wyoming’s Marketable Titles Act, Wyo. Stat. §§ 34-10-101 to 34-10-109, uses a 40-year root of title: “marketable record title … free and clear of all interests, claims or charges … the existence of which depends upon any act … that occurred prior to the effective date of the root of title,” where root of title is the most recent conveyance “recorded as of a date forty (40) years prior to the time when marketability is being determined.” A tax deed is expressly a “title transaction” that can serve as a root of title. (Wyo. Stat. § 34-10-101, retrieved 2026-06-02 from official Title 34 PDF.) The Act does not affect easements.

Deed seasoning / title insurance:

  • Insurers commonly require the tax deed to be seasoned — redemption period plus quiet title and a clean review of the § 39-13-108(e) notice chain — before underwriting, because a notice-defective tax deed is void (not merely voidable). Raw tax deeds carry no warranty and are insured, if at all, on the strength of curative work. needs_verification — specific named-insurer seasoning guidelines for Wyoming tax deeds (market practice, not statute).

Chain-of-title cure depth:

  • A quiet-title judgment cures clouds from all pre-deed adverse claims properly joined and served; combined with the 40-year Marketable Titles Act and the § 39-13-108 burden-shift (party attacking a tax/commissioner’s deed bears the burden) and 6-year deed-issuance cap, it reaches most challenges. It does not cure a void-for-notice deed or an un-noticed federal lien.

5c. TRO & Injunctive Relief

Recognized grounds to halt a sale:

  1. Notice / due-process defect — failure of the § 39-13-108(e) tax-deed notice or the §§ 34-4-104/-105 mortgage mailing/publication chain not “reasonably calculated” to reach the owner (mullane-v-central-hanover; jones-v-flowers).
  2. Payment / redemption dispute — a timely tender of taxes/redemption refused or misapplied.
  3. Constitutional — Fifth Amendment taking (tyler-v-hennepin-county — the no-surplus private tax-deed track).
  4. SCRA — active-duty servicemember protections (scra-protections).
  5. Bankruptcy automatic stay — sale in violation of 11 U.S.C. § 362 (bankruptcy-automatic-stay).

Legal standard:

  • Wyoming applies the conventional injunction analysis: the movant must show a likelihood of success on the merits, irreparable harm with no adequate remedy at law, and that the balance of equities / status quo favors relief. For a TRO without notice, Rule 65(b), Wyo. R. Civ. P., requires that “specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard,” and counsel must certify any efforts to give notice and why it should not be required. (Wyo. R. Civ. P. 65(b), retrieved 2026-06-02.) needs_verification — a controlling Wyoming Supreme Court opinion stating the precise multi-factor preliminary-injunction test (the Rule 65 text is verified; the case formulation is not retrieved).

Court with jurisdiction:

  • The District Court of the county where the property lies. The private tax-deed process is administrative (no pending case), so an emergency action must be filed in district court before the deed issues; the county judicial-foreclosure and mortgage judicial foreclosure are already pending cases in which to move; a non-judicial mortgage foreclosure-by- advertisement likewise requires a separate district-court filing.

Bond:

  • Discretionary as to amount, but security is required. Rule 65(c) Wyo. R. Civ. P.: “The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined.” (Wyo. R. Civ. P. 65(c), retrieved 2026-06-02.) The dollar amount is set by the court.

Emergency timeline / expiration:

  • An ex parte TRO meeting the Rule 65(b) affidavit/verified-complaint showing can issue on an emergency basis (often same-day or 24–48 hours at the court’s discretion); it expires at the time set, not to exceed 14 days, extendable once for a like period for good cause, with the preliminary-injunction hearing set “at the earliest possible time.” (Wyo. R. Civ. P. 65(b), retrieved 2026-06-02.)

Effect on a completed sale:

  • Before the tax deed issues, defective § 39-13-108(e) notice supports halting the deed application. After a notice-defective tax deed has issued, it is treated as void (Thompson-Green v. Drobish; Hull v. D’Arcy), so the remedy is a judicial action to set it aside rather than an injunction. For a completed sheriff’s mortgage sale, undoing it requires a judicial challenge; a good-faith purchaser is not protected against a void sale. needs_verification — a retrieved Wyoming holding on post-deed/post-sale injunctive effect.

Non-judicial notes:

  • Wyoming mortgage foreclosure-by-advertisement (Title 34, Ch. 4) is non-judicial — there is no pending case in which to move, so a separate emergency district-court action is required, which raises the practical difficulty and timing pressure for a borrower seeking to stop the sale.

Leading cases: thompson-green-v-drobish-2006, hull-v-darcy-2009, jones-v-flowers.

7b. Lien Survival & Purchaser Exposure

IRS 120-day redemption (26 U.S.C. § 7425):

  • Applies. Where a federal tax lien is recorded against the property, the United States must be given notice of a non-judicial sale (≥ 25 days before) under 26 U.S.C. § 7425(c); if properly noticed the federal lien is discharged but the IRS holds a 120-day post-sale right of redemption (§ 7425(d)); if not noticed, the federal lien survives the sale. (26 U.S.C. § 7425, retrieved 2026-06-02.) See federal-tax-lien-redemption. Practical exposure: a federal-tax-lien search before bidding is essential — an un-noticed federal lien is the most common surviving senior claim a Wyoming tax-deed buyer inherits.

HOA super-priority:

  • Wyoming is NOT a super-priority / super-lien state for HOA assessments. Wyoming has no Uniform Common Interest Ownership Act and no statutory HOA super-lien; a bank/first-mortgage foreclosure takes priority over an association’s assessment lien with no safe-harbor payment to the association. (Corroborated across HOA-law sources.) The Condominium Ownership Act (Wyo. Stat. Title 34, Ch. 20) governs condos but creates no statutory super-priority assessment lien; it provides that each unit is assessed and taxed as a separate parcel and that “no forfeiture or sale of any condominium unit for delinquent taxes … assessments or charges shall divest or in any way affect the title of other condominium units.” (Wyo. Stat. § 34-20-103-region, retrieved 2026-06-02 from official Title 34 PDF; HOPB Wyoming Condominium Ownership Act, via search.)
  • survives_tax_sale: an HOA/condo assessment lien is junior to the ad valorem tax lien; a § 39-13-108 tax process enforcing the tax lien is superior. needs_verification — no retrieved Wyoming appellate decision squarely holding an assessment lien extinguished by a Wyoming tax deed (statutory text supports tax-lien priority; no case retrieved).
  • survives_mortgage_foreclosure: no super-priority — extinguished by a senior mortgage foreclosure that joins the association.

Environmental / CERCLA liens:

  • A federal CERCLA lien (42 U.S.C. § 9607(l)) is a federal claim; § 7425-type notice to the United States governs whether it is discharged by a sale, and CERCLA owner/operator liability runs with the land regardless of how title was acquired — a tax-deed purchaser of a contaminated site can face cleanup liability independent of the recorded lien. See environmental-liens. needs_verification — no Wyoming-specific authority retrieved on CERCLA-lien survival of a Wyoming tax deed; reflects the general federal rule. No Wyoming environmental super-lien with priority over a tax title located.

Municipal code liens / special assessments:

  • The treasurer’s tax deed is expressly issued “subject to special assessments” (§ 39-13-108) — local special assessments survive the tax deed and bind the purchaser. needs_verification — whether municipal code-enforcement / nuisance-abatement liens (distinct from special assessments) survive a Wyoming tax deed; statute not retrieved.

Mechanic’s liens:

  • A mechanic’s/materialman’s lien (Wyo. Stat. Title 29) is a private statutory lien whose priority against a tax title turns on recording dates and the superiority of the ad valorem tax lien. needs_verification — no retrieved Wyoming authority squarely on whether a perfected mechanic’s lien survives a § 39-13-108 tax deed.

Junior-mortgage exposure:

  • A Wyoming tax process enforces the ad valorem tax lien, generally superior to private mortgages; a properly noticed tax deed conveys free of junior and senior private mortgages. Common mistake: assuming the tax deed wipes everything — it does not clear an un-noticed federal tax lien, surviving special assessments, or a deed void for a § 39-13-108(e) notice defect (which leaves all prior interests intact). On the mortgage side, a junior-mortgage purchaser at a senior foreclosure takes subject to the senior lien. See junior-lien-purchase-risk.

Due-diligence checklist (Wyoming tax-deed buyer):

  1. Federal tax lien search — § 7425 notice / 120-day IRS redemption exposure.
  2. § 39-13-108(e) notice-chain review — service on every person in possession and the person assessed; a defect voids the deed as to all owners (Thompson-Green).
  3. Special-assessment search — deed issues subject to special assessments.
  4. Mortgagee / lienholder of record check — confirm priority and notice.
  5. HOA / condo status — junior to the tax lien, but confirm separately recorded interests.
  6. Bankruptcy search on the owner — active § 362 stay at the time of sale?
  7. Probate / heirs check — each heir is a person assessed / in possession entitled to notice.
  8. Environmental check — CERCLA / contaminated-site liability runs with the land.
  9. SCRA servicemember check on the owner.
  10. Possession / occupancy — the owner may remain through the four-year redemption period.

10b. Purchaser Obligations During the Redemption Period

Subsequent taxes:

  • The certificate holder may pay later-year delinquencies (“subs”); these are added to the redemption amount and accrue at the statutory rate (15%) and are reimbursed on redemption. Paying subs protects the holder’s priority but is permissive, not a statutory duty. (Wyo. Stat. § 39-13-108, via search + county pages.) needs_verification — verbatim subs/priority subsection text.

Owner-expiration notice (the operative purchaser duty):

  • Required — and it is the purchaser’s burden. No earlier than four years after the sale, the certificate holder must give written/printed notice served at least three (3) months before applying for the tax deed on each person in actual possession and the person in whose name the property was assessed; if they cannot be found, by publication. Proof of this notice is a prerequisite to the deed. Consequence of failure: the tax deed is void (Thompson-Green v. Drobish; Hull v. D’Arcy). (Wyo. Stat. § 39-13-108(e), via search corroboration + county pages.)

Owner occupancy:

  • The owner retains possession during the four-year redemption period; the certificate holder holds only a lien (a “lien against the real property … to the extent of taxes, costs and penalties accrued plus interest … and the value of improvements placed on the real property by the lienholder or his assigns while lawfully in possession”). The holder does not take possession by virtue of the certificate. needs_verification — the circumstances under which a Wyoming certificate holder may be “lawfully in possession” before the deed.

Costs collectible on redemption:

  • Bid (taxes sold) + 3% penalty + 15%/yr interest + subsequent taxes (at 15%) + redemption fee (up to $20). The statute also recognizes the value of improvements placed on the property by the lienholder while lawfully in possession as part of the lien. (Wyo. Stat. § 39-13-108, via search + county pages.)

Maintenance obligation:

  • None imposed on the certificate holder during redemption — it holds a lien, not possession; the owner, who retains possession, bears ordinary code obligations. After the tax deed issues, the grantee has the ordinary obligations of an owner. needs_verification — no Wyoming statute imposing a tax-certificate-holder maintenance duty during redemption.

11b. Restrictions & Special Rules

Entity / insider restrictions:

  • No natural-persons-only restriction. Section 39-13-108 makes “any person who offers to pay the amount of taxes, interest, penalties and costs … the purchaser thereof” — LLCs, corporations, and trusts may bid and hold certificates. (§ 39-13-108, via search corroboration.) No statewide foreign-entity ownership ban was located. Some counties impose procedural limits (e.g., Teton County will not accept company/corporate names on checks/credit cards) but those are county registration rules, not statutory eligibility bars. needs_verification — any Wyoming foreign-ownership statute.
  • Insider prohibition: no express § 39-13-108 bar on county treasurer / county employees bidding for their own account was located; general Wyoming governmental-ethics law may restrict public officials. needs_verification — confirm no Chapter 13 or ethics bar specific to tax-sale bidding by officials.

Right of first refusal / land bank:

  • No statewide land-bank enabling act located. Unsold parcels and county-acquired tax title run through the county (the county may itself hold a certificate / take a deed under § 39-13-108, and county judicial-foreclosure proceeds escheat to the county sinking fund), but Wyoming has no Ohio/Georgia-style land-bank statute retrieved. needs_verification — any local land-bank authority or municipal/nonprofit ROFR on tax-title property.

Deficiency judgment (mortgage foreclosure):

  • Permitted. After a power-of-sale (advertisement) foreclosure the mortgagee may sue for the deficiency; the mortgagee “shall account to and pay a mortgagor for any surplus” and “the mortgagor is liable for any deficiency” (Wyo. Stat. § 34-4-113). Wyoming imposes no statutory fair-value offset on the deficiency (Fitch v. Buffalo Federal Sav. & Loan, 751 P.2d 1309 (Wyo. 1988)). (Wyo. Stat. § 34-4-113, via search corroboration; Justia direct fetch 403.)
  • After a tax sale / tax deed: no deficiency — the § 39-13-108 process either collects the tax (lien certificate) or conveys the whole property (tax deed); it does not pursue a personal deficiency against the former owner.

Anti-deficiency statute:

  • None of the western purchase-money type located. Wyoming has no general anti-deficiency statute barring deficiency judgments after foreclosure; the mortgagor’s liability for the deficiency is affirmed by § 34-4-113 and Fitch. needs_verification — confirm against a retrieved Wyoming primary source that no narrow anti-deficiency provision applies.

One-action rule:

  • Wyoming’s foreclosure-by-advertisement statute conditions non-judicial foreclosure on there being no pending action at law to recover the debt (or that any such action has been discontinued / execution returned unsatisfied) (Wyo. Stat. § 34-4-103) — a sequencing rule rather than a California-style one-action bar that forfeits the security. No general California-type one-action rule was located. needs_verification — confirm no broader one-action rule and the precise effect of a pending debt action under § 34-4-103.

Junior-creditor redemption (mortgage track):

  • After the mortgagor’s 3-month (12-month agricultural) redemption period, “any judgment creditor … or any grantee or mortgagee … or person holding a lien” may redeem on or before the 30th day after the expiration of the mortgagor’s period (Wyo. Stat. § 1-18-104). (Wyo. Stat. § 1-18-104, via search corroboration; Justia direct fetch 403.)

Who this page is for

▸ For Investors / Operators — Start with §1 (random-draw / rotational certificate sale, 3% penalty + 15% interest), §2/2b (the four-year redemption risk and that the certificate of purchase is assignable — the holder “or his assigns” applies for the deed), §5b (path to marketable title — district-court quiet title under § 1-32-201 plus the 40-year Marketable Titles Act § 34-10-101 and the § 39-13-108 burden-shift / 6-year deed cap), §7b (liens that survive — un-noticed federal tax liens and IRS 120-day redemption, surviving special assessments, and no HOA super-priority), and §11b (broad “any person” eligibility, no land-bank statute, deficiency permitted after mortgage but not after a tax deed). Note the central exposure: the private tax-deed track conveys the whole parcel with no surplus, the precise mechanism tyler-v-hennepin-county condemned.

▸ For Former Owners — Start with §2 (redemption — paying taxes + 3% penalty + 15% interest within four years to keep the property), §6 (the strict § 39-13-108(e) notice the holder must serve — a defect voids the deed, Thompson-Green, Hull), and §3 (surplus — note that the private tax-deed track returns no surplus, while the county judicial-foreclosure path waterfalls proceeds to prior-interest-holders, claimable for two years from confirmation), and §5c (grounds, the Rule 65 bond, and procedure for an emergency district-court motion to halt a sale).

11. Meta

  • sources:
  • needs_verification:
    • 2b/11b — assignment specifics: whether a stranger-investor’s owner-deed taken solely to acquire redemption standing is attackable; verbatim § 39-13-108 certificate-assignment and “lawfully in possession” / improvements text; insider-bidding ethics bar; any WY foreign-entity ownership statute.
    • 3b — surplus: whether the § 39-13-108 county-judicial / distraint surplus claim is assignable and any RUUPA (Title 34, Ch. 24) locator-agreement fee cap / cooling-off / disclosure reaching county-held tax-foreclosure proceeds; direct-heir-vs-probate claim practice; court-notice-to-lienholders method/timeline; confirm WY’s fraudulent-transfer act has not been re-titled UVTA since this code pull (UFTA confirmed from official PDF).
    • 5b — quiet title: timeline/cost ranges are practitioner estimates, not statutory; named-insurer tax-deed seasoning guidelines.
    • 5c — TRO: a controlling Wyoming Supreme Court opinion stating the precise multi-factor preliminary-injunction test (Rule 65 text verified; case formulation not retrieved); retrieved holding on post-deed/post-sale injunctive effect.
    • 7b — lien survival: no retrieved WY appellate decision squarely holding an HOA/condo assessment, municipal code-enforcement, or mechanic’s lien survives or is extinguished by a § 39-13-108 tax deed (statutory tax-lien priority + “subject to special assessments” text support the analysis); CERCLA-lien survival of a WY tax deed; any WY environmental super-lien.
    • 11b: confirm no California-style one-action rule and the precise effect of a pending debt action under § 34-4-103; any narrow anti-deficiency provision; any WY land-bank act.
    • (carried from Wave 1):
    • Direct verbatim text of Wyo. Stat. § 39-13-108 subsections (esp. (e)(v) notice; redemption; certificate/deed fees; distraint surplus; judicial-foreclosure 2-year claim/sinking-fund). Justia/FindLaw blocked direct fetch; pull from wyoleg.gov HTML or a renderable copy of title39.
    • Whether the lien sale is purely random-draw/rotational or includes a bid-down-interest component — official county pages say random/rotational with no bid-down; some commercial summaries (Premier Tax Liens) describe bidding down to ≤15%. Resolve against statute.
    • Official count = 23 Wyoming counties (corroborated, not yet from a state source).
    • § 1-18-103/-105 junior-creditor redemption window and exact mortgage reinstatement statute.
    • Limitations period to attack an issued tax deed (beyond the 6-year issuance cap and § 39-13-108 burden-shift).
    • Third-party surplus-recovery / finder regulation: fee cap, licensing, assignment, cooling-off, disclosure — including RUUPA (Title 34, Ch. 24) locator-agreement rules. None confirmed.
    • Any 2024–2026 Wyoming legislation responding to Tyler by adding a surplus/equity remedy to the private tax-deed track (none located; HB/SF numbers surfaced were property-tax-relief, not equity-forfeiture, bills).
    • Barlow v. Lonabaugh standalone primary source (currently quoted via Thompson-Green).
    • Manufactured-home tax-collection mechanism (real vs. personal/distraint).
  • open_questions:
    • Is Wyoming’s no-surplus private tax-deed track facially unconstitutional after Tyler, and has any Wyoming district court yet entertained such a Takings claim?
    • Does the § 39-13-108 county-judicial-foreclosure surplus path (2-year claim, sinking-fund escheat) supply a Tyler-adequate remedy for county-held certificates, while private holders still take windfall deeds?
    • Do some counties’ online (GovEase/RealAuction) sales actually implement bid-down-interest, diverging from the random-draw counties?
  • cross_links: right-of-redemption, surplus-funds, third-party-recovery-rules, tyler-v-hennepin-county, mullane-v-central-hanover, mennonite-v-adams, jones-v-flowers, treasurer-sale, sheriff-sale, due-process-notice, bankruptcy-automatic-stay, federal-tax-lien-redemption, heirs-property, scra-protections, void-vs-voidable, thompson-green-v-drobish-2006, hull-v-darcy-2009, barlow-v-lonabaugh, fitch-v-buffalo-federal, environmental-liens, junior-lien-purchase-risk, quiet-title-after-tax-sale, assignability-of-redemption-rights, surplus-claim-assignment, title-insurance-and-deed-seasoning, anti-deficiency, tro-in-foreclosure, hoa-super-priority, land-bank-programs, purchaser-obligations-during-redemption
  • changelog:
    • 2026-06-02 — Wave 2: Added the 7 advanced modules (2b, 3b, 5b, 5c, 7b, 10b, 11b) and the neutral-reference + segmented-CTA voice (two CTA pairs: after §3 and before §11). Primary sources fetched/extracted directly from official PDFs this wave: Wyo. Stat. § 34-10-101 (Marketable Titles Act — 40-year root of title; tax deed = “title transaction”), § 34-14-201 (short title “Uniform Fraudulent Transfer Act”) and § 34-14-210 (extinguishment: 2 yrs / 6 mo after discovery) from the wyoleg Title 34 PDF; Wyo. R. Civ. P. 65(b)/(c) from the official WRCP PDF; Condominium Ownership Act Title 34 Ch. 20 (each unit separately assessed; no statutory super-priority lien → WY is NOT a super-lien state); § 1-32-201 (quiet title by person in possession), § 1-18-104 (junior-creditor 30-day redemption), § 34-4-113 (surplus/deficiency), § 39-13-108 (certificate assignable; “any person” may purchase) via search corroboration where Justia/FindLaw blocked direct fetch; 26 U.S.C. § 7425. Resolved prior gaps: HOA super-priority status (not a super-lien state), Marketable Title Act (exists, 40-yr), fraudulent-transfer regime (UFTA, § 34-14-201/-210), quiet-title court (district court, § 1-32-201), TRO standard/bond (Rule 65). gap_score 11 → 16 (rows 11/13/15 cleared via the 7 modules + quiet-title map + HOA status; remaining points are all honest needs_verification row-2 flags — no rows 3–5 contributions).
    • 2026-06-01 — Initial page drafted from Wyo. Stat. § 39-13-108 (via FindLaw search
      • multiple county treasurer pages), Title 34 Ch. 4 and § 1-18-103 (mortgage foreclosure/redemption), and verified case law (Thompson-Green v. Drobish 2006 WY 126, Hull v. D’Arcy 2009 WY 30, Fitch v. Buffalo Federal 751 P.2d 1309). Flagged the central Tyler v. Hennepin exposure: private tax-deed track returns no surplus. Justia/FindLaw blocked direct fetch (403); statutory facts corroborated across official county sources and flagged for verbatim pull.

Local pages

County deep dives: county pages for this jurisdiction are being added largest-first. Unclaimed funds agency: unclaimed-property-wyoming

Legal information, not legal advice. This page summarizes Wyoming statutes and case law for research purposes. Statutes and local county procedures change; verify against the cited primary sources and consult a licensed Wyoming attorney before acting. Last verified: 2026-06-02.

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