Wyo. Stat. » Wyo. Stat. / Title 34 - Property, Conveyances and Security Transactions / Chapter 4 - FORECLOSURE OF MORTGAGES AND POWER OF SALE / Article 5 - COVENANTS
Wyoming Statutes

Wyo. Stat. § 34-4-101 (2026)

Application.

✓ current as of May 2026
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The provisions of this act shall apply to all mortgages
containing a power of sale executed prior to the passage
thereof, not having been foreclosed, and nothing in this act
contained shall be construed as limiting the power of parties to
a mortgage to provide therein as they may see fit as to the
manner of foreclosure and sale, and when such provision is made,
foreclosure and sale may be made in accordance therewith, or in
accordance with the provisions of this act.
Notes of Decisions
Cited in 9 cases, 1981–2017 · leading case: Metro. Mortg. & Sec. Co. v. Belgarde, 816 P.2d 868 (Wyo. 1991).
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Metro. Mortg. & Sec. Co. v. Belgarde, 816 P.2d 868 (Wyo. 1991). · cites it 4× “Rudolph, The Wyoming Law of Real Mortgages at 147 (1969) * * *.”
Cliff & Co., Ltd. v. Anderson, 777 P.2d 595 (Wyo. 1989). · cites it 2× “Rudolph, The Wyoming Law of Real Mortgages at 147 (1969) (cornerstone of mortgage law is rule that prohibits contemporaneous release or waiver of the equity of redemption — rule operates to nullify any agreement made at the time of the mortgage providing for forfeiture upon…”
McNeill Fam. Trust v. Centura Bank, 2003 WY 2 (Wyo. 2003). “[¶ 23] Our “applicable law” governing foreclosure by power of sale is found in §§ 34-4-101 through 34-4-113. The statutes expressly indicate the foreclosure and sale may be accomplished in accordance with either the terms of the mortgage or the statutes themselves.”
Matter of Various Water Rights in Lake DeSmet, 623 P.2d 764 (Wyo. 1981). “[6] Foreclosure may be by power of sale pursuant to §§ 34-4-101 through 34-4-113, W.S. 1977, or it may be judicial pursuant to §§ 1-18-101 through 1-18-112, W.”
Niday v. GMAC Mortg., LLC, 284 P.3d 1157 (Or. Ct. App. 2012). “130; W Va Code Ann §§ 38-1-1 - 38-1-15; Wyo Stat Ann §§ 34-4-101 - 34-4-113. For purposes of the issues raised in this case, there were no material changes to the OTDA between the time plaintiff executed the trust deed in 2006 and filed this action in early 2010.”
WYHY Fed. Credit Union v. Burchell, 643 P.2d 471 (Wyo. 1982). “ative and the rejection filed with the clerk, except an action may be brought by any holder of a mortgage or lien to enforce the same against the property of the estate subject thereto where all recourse against the other property of the estate is expressly waived in the…”
Beit Hanina Enter., Inc. v. Moffett, 267 P.3d 1070 (Wyo. 2011). “42-4-207, to enforce the same against the property of the estate subject thereto where all recourse against the other property of the estate is expressly waived in the complaint or no claim for deficiency is made in proceedings for foreclosure by advertisement and sale under…”
Sannerud v. Brantz, 928 P.2d 477 (Wyo. 1996). “' §§ 34-4-101 to -113 (1977) or by judicial sale in accordance with Wyo.”
Sonnett v. Lankford, 682 F. App'x 639 (10th Cir. 2017). “In Wyoming, “[a] mortgagee’s only remedy upon mortgage default is foreclosure and public sale, either by power of sale pursuant to Wyo. Stat. §§ 34-4-101 to -13 ... or by judicial sale in accordance with Wyo.”
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