Wyoming Statutes

Wyo. Stat. § 34-4-103 (2026)

Prerequisites to foreclosure.

✓ current as of May 2026

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(a) To entitle any party to give a notice as hereinafter
prescribed and to make such foreclosure, it is requisite:

          (i) That some default in a condition of such mortgage
has occurred by which the power to sell became operative;

          (ii) That no suit or proceeding has been instituted
at law to recover the debt then remaining secured by such
mortgage, or any part thereof, or if any suit or proceeding has
been instituted, that the same has been discontinued, or that an
execution upon the judgment rendered therein has been returned
unsatisfied in whole or in part;

          (iii) That the mortgage containing the power of sale
has been duly recorded; and if it has been assigned, that all
assignments have been recorded; and

          (iv) That written notice of intent to foreclose the
mortgage by advertisement and sale has been served upon the
record owner, and the person in possession of the mortgaged
premises if different than the record owner, by certified mail
with return receipt, mailed to the last known address of the
record owner and the person in possession at least ten (10) days
before commencement of publication of notice of sale. Proof of
compliance with this subsection shall be by affidavit.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1988–2025 · leading case: Bitker v. First Nat'l Bank in Evanston, 2004 WY 114 (Wyo. 2004).

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Bitker v. First Nat'l Bank in Evanston, 2004 WY 114 (Wyo. 2004). · cites it 2× “Bitker did not make payments on the promissory note, thus satisfying § 34-4-103(a)() 3 No lawsuit or proceeding was instituted to recover the debt, as provided by § 34-4-108(a)(@i) 4 Although Mr.”

Oro Mgmt., LLC v. R.C. Mineral & Rock, LLC, 2013 WY 77 (Wyo. 2013). · cites it 7× “failed to comply with Wyo. Stat. Ann. § 34-4-103 because it did not provide sufficient notice of its intent to foreclose to ORO or Zane Pasma, its managing member.”

Fed. Deposit Ins. v. Updike Bros., 814 F. Supp. 1035 (D. Wyo. 1993). · cites it 2× “Furthermore, defendant Updike asserts that Wyo.Stat. § 34-4-103(a)(iv), which requires that the written notice of the intent to foreclose the mortgage be mailed only to the record owner and the person in possession, is unconstitutional in that it violates the due process clauses…”

Ulery-Williams, Inc. v. First Wyoming Bank, N.A.-Laramie, 748 P.2d 740 (Wyo. 1988). · cites it 5× “The question to be resolved in this case is whether a statutory notice furnished to individuals who were officers (one of whom also was a director and counsel) of a corporation satisfies the statutory requirement of notice to the corporation set forth in § 34-4-103, W.S.1977,…”

McNeill Fam. Trust v. Centura Bank, 2003 WY 2 (Wyo. 2003). “Similarly, the statutory prerequisites to foreclosure in § 34-4-103 5 do not require notification to other lienholders.”

Royal Palm Corp. Ctr. Ass'n v. PNC Bank, NA, 89 So. 3d 923 (Fla. 4th DCA 2012). “120 (consecutively); Wyo. Stat. § 34-4-103 (consecutively). In North *931 Dakota, the state supreme court has interpreted an anti-deficiency statute into a modified one-action rule.”

Walker v. McAnnany, 802 P.2d 876 (Wyo. 1990). · cites it 4× “W.S. 34-4-103 provides that: (a) To entitle any party to give a notice as hereinafter prescribed and to make such foreclosure, it is requisite: (i) That some default in a condition of such mortgage has occurred by which the power to sell became operative; (ii) That no suit or…”

Royal v. First Interstate Bank (In re Trierweiler), 484 B.R. 783 (10th Cir. BAP 2012). “at 53 ("There were allegations and arguments that the presence of MERS on the mortgage [] created issues of standing. However, this Court does not need to go further than the initial standing issue of [FIB] to determine this motion.”

Garrett v. Wells Fargo Bank (10th Cir. 2025). · cites it 2× “In other words, 3 Appellate Case: 24-8013 Document: 40-1 Date Filed: 03/25/2025 Page: 4 Wells Fargo contended that Wyo. Stat. § 34-4-103(a)(iv) “does not require additional proof that the occupant of the Property received and accepted service of Wells Fargo’s notice of intent to…”

— Wyo. Stat. § 34-4-103(a) — 2 cases

Bitker v. First Nat'l Bank in Evanston, 2004 WY 114 (Wyo. 2004). “Bitker did not make payments on the promissory note, thus satisfying § 34-4-103(a)() 3 No lawsuit or proceeding was instituted to recover the debt, as provided by § 34-4-108(a)(@i) 4 Although Mr.”

Oro Mgmt., LLC v. R.C. Mineral & Rock, LLC, 2013 WY 77 (Wyo. 2013). “failed to comply with Wyo. Stat. Ann. § 34-4-103 because it did not provide sufficient notice of its intent to foreclose to ORO or Zane Pasma, its managing member.”

— Wyo. Stat. § 34-4-103(a)(iii) — 1 case

— Wyo. Stat. § 34-4-103(a)(iv) — 3 cases

Fed. Deposit Ins. v. Updike Bros., 814 F. Supp. 1035 (D. Wyo. 1993). “Furthermore, defendant Updike asserts that Wyo.Stat. § 34-4-103(a)(iv), which requires that the written notice of the intent to foreclose the mortgage be mailed only to the record owner and the person in possession, is unconstitutional in that it violates the due process clauses…”

Walker v. McAnnany, 802 P.2d 876 (Wyo. 1990). “W.S. 34-4-103 provides that: (a) To entitle any party to give a notice as hereinafter prescribed and to make such foreclosure, it is requisite: (i) That some default in a condition of such mortgage has occurred by which the power to sell became operative; (ii) That no suit or…”

Garrett v. Wells Fargo Bank (10th Cir. 2025). “In other words, 3 Appellate Case: 24-8013 Document: 40-1 Date Filed: 03/25/2025 Page: 4 Wells Fargo contended that Wyo. Stat. § 34-4-103(a)(iv) “does not require additional proof that the occupant of the Property received and accepted service of Wells Fargo’s notice of intent to…”

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