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. § 34-4-108 (2026)

Mortgagee may purchase; by whom sale made;

✓ current as of May 2026
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mortgagee, judgment creditor or lienor shall be present or
waive.

The mortgagee, his assigns, or his or their legal
representatives may fairly and in good faith, purchase the
premises sold upon foreclosure of any mortgage by advertisement
under power of sale or any part thereof, at the sale; and
whenever the mortgage shall provide for the mortgagee to sell
the premises at the foreclosure sale, notwithstanding the
provision, the sale may be made by the sheriff, or deputy
sheriff, or by the mortgagee at the option of the latter. The
sale shall be postponed, if the foreclosing mortgagee, judgment
creditor or other foreclosing lienor, or an authorized agent of
the foreclosing mortgagee, judgment creditor or other
foreclosing lienor, is not present at the sale or has not
previously waived in writing the right to appear and bid at the
sale.
Notes of Decisions
Cited in 5 cases, 1989–2013 · leading case: Oro Mgmt., LLC v. R.C. Mineral & Rock, LLC, 2013 WY 77 (Wyo. 2013).
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Oro Mgmt., LLC v. R.C. Mineral & Rock, LLC, 2013 WY 77 (Wyo. 2013). · cites it 12× “ORO also claims that summary judgment was improper because there is a genu-ime issue of material fact with respect to whether the payments to Richard Mathey were intended as loan payments, as contended by ORO, or as reimbursement to Mr.”
Bitker v. First Nat'l Bank in Evanston, 2004 WY 114 (Wyo. 2004). · cites it 3× “With respect to the fraudulent assignment claim, the court found that the promissory note did not contain a provision preventing assignment.”
Manion v. Chase Manhattan Mortg. Corp., 2002 WY 49 (Wyo. 2002). · cites it 4× “[14] Manion instituted this declaratory judgment action in June of 2000, contending Chase Manhattan breached a duty of good faith found in Wyo. Stat. Ann. § 34-4-108 (LexisNexis 2001), which provides: The mortgagee, his assigns, or his or their legal representatives may fairly…”
McNeill Fam. Trust v. Centura Bank, 2003 WY 2 (Wyo. 2003). · cites it 2× “Section 34-4-108. We find no indication in either the mortgage or the statutes that a *1287 foreclosure sale is invalid if the mortgagee/lender does not attend the sale.”
Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989). · cites it 2× “" Wyo. Stat. § 34-4-108 (1989). As we said, the Montana statutes are silent, both as to the right of the mortgagor to bid in to the sheriff's sale, and as to the duty of a court to determine if the sheriff's sale reflects the fair market value of the property.”
— Wyo. Stat. § 34-4-108(a) — 1 case
Bitker v. First Nat'l Bank in Evanston, 2004 WY 114 (Wyo. 2004). “With respect to the fraudulent assignment claim, the court found that the promissory note did not contain a provision preventing assignment.”
— Wyo. Stat. § 34-4-108(a)(iv) — 1 case
Oro Mgmt., LLC v. R.C. Mineral & Rock, LLC, 2013 WY 77 (Wyo. 2013). “ORO also claims that summary judgment was improper because there is a genu-ime issue of material fact with respect to whether the payments to Richard Mathey were intended as loan payments, as contended by ORO, or as reimbursement to Mr.”
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