What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in WY? | Wyoming Estate Planning | FastCounsel
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What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in WY?

Detailed Answer

When a foreclosure sale generates surplus funds—meaning the sale price exceeds the outstanding loan balance plus costs—Wyoming law lets certain parties claim that excess. Under Wyo. Stat. Ann. § 1-22-116, you may file a petition in the district court where the sale occurred. Follow these steps:

  1. Confirm eligibility. You must be a former owner (mortgagor), a junior lienholder, or another party with a recorded interest in the property.
  2. Gather documentation. Collect the foreclosure sale notice, deed records, loan payoff statements, and proof of your interest (e.g., recorded lien or trust deed).
  3. Draft the petition. Prepare a Petition for Distribution of Surplus Funds. Include the sale date, property description, sales price, amounts applied to debt and costs, your interest and its value, and a clear request for distribution.
  4. File with the district court. Submit your petition to the clerk of the district court in the county where the sale took place. Pay any required filing fee.
  5. Serve interested parties. Under W.R.C.P. 5, serve the foreclosure purchaser, senior lienholders and any other claimants by certified mail or as directed by the court.
  6. Attend the hearing. The court may schedule a hearing to review competing claims. Present your documentation on interest and amount claimed.
  7. Obtain the court order. If the court approves your claim, it issues an order directing the clerk to distribute the surplus funds to you.
  8. Collect the funds. After the court signs the distribution order, pick up the check from the clerk or follow the clerk’s payment procedures.

Deadline: File your petition within one year after the sale date or within the period specified in § 1-22-116. Missing the deadline may forfeit your right to the surplus.

Helpful Hints

  • Verify all dates and amounts against court and foreclosure sale records.
  • Keep copies of every document you file or serve.
  • Use certified mail with return receipt to confirm service.
  • Check the county clerk’s website for local form templates and fee schedules.
  • Consider consulting an attorney if multiple claimants contest the funds.

Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.