Title 34, Title 34 — Property, Conveyances And Security Transactions
30 chapters · 861 sections in this title.
W.S. § 34-4-101 Application
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Application. 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 therei…
W.S. § 34-4-102 Foreclosure by advertisement
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Foreclosure by advertisement. (a) Every mortgage of real estate, containing therein a power of sale upon default being made in any condition thereof, may be foreclosed by advertisement within ten (10) years after the maturing of such mortgage or the debt secured thereby, or after…
W.S. § 34-4-103 Prerequisites to foreclosure
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Prerequisites to foreclosure. (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 pr…
W.S. § 34-4-104 Publication and service of notices; generally
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Publication and service of notices; generally. (a) Notice that the mortgage will be foreclosed by a sale of the mortgaged premises, or some part of them, shall be given by publishing the notice for four (4) consecutive weeks, at least once in each week, in a newspaper printed in …
W.S. § 34-4-105 Publication of notice; contents
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Publication of notice; contents. (a) Every such notice shall include: (i) The names of the mortgagor and of the mortgagee and the assignee of the mortgage if any; (ii) The date of the mortgage and when recorded; (iii) The amount claimed to be due thereon at the date of the notice…
W.S. § 34-4-106 Time, place and manner of sale generally; mortgagee, judgment creditor or lienor shall be present or waive
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Time, place and manner of sale generally; mortgagee, judgment creditor or lienor shall be present or waive. The sale shall be at public vendue, between the hour of ten (10:00) o'clock in the forenoon, and five (5:00) o'clock in the afternoon, at the front door of the courthouse, …
W.S. § 34-4-107 Manner in which distinct tracts or lots sold
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Manner in which distinct tracts or lots sold. If the mortgaged premises consist of distinct tracts or lots the foreclosing mortgagee may offer for sale separately sufficient tracts or lots as shall be necessary to satisfy the amount due on such mortgage at the date of the notice …
W.S. § 34-4-108 Mortgagee may purchase; by whom sale made; mortgagee, judgment creditor or lienor shall be present or waive
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Mortgagee may purchase; by whom sale made; 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 advertisemen…
W.S. § 34-4-109 Postponement of sale
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Postponement of sale. A foreclosure sale may be postponed from time to time by inserting a notice of the postponement as soon as practicable in the newspaper in which the original advertisement was published and continuing the publication until the time to which the sale shall be…
W.S. § 34-4-110 Successor to officer making sale may execute conveyance
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Successor to officer making sale may execute conveyance. If the term of service of the officer who makes sale of any lands and tenements as provided in chapter 243 of the Wyoming Compiled Statutes of 1910 expires, or if such officer die, be absent or unable for any cause to make …
W.S. § 34-4-111 Costs and expenses; generally
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Costs and expenses; generally. The costs and expenses of the foreclosure sale, which shall be paid out of the proceeds of the sale, shall include the costs of advertising, the fee of the officer or person making the sale and executing the deed, said fee not to exceed ten dollars …
W.S. § 34-4-112 Costs and expenses; attorney's fees
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Costs and expenses; attorney's fees. Whenever an attorney's fee is provided for in any real or chattel mortgage, or the note or notes secured thereby, such attorney's fee shall not be allowed or added to the mortgage debt in any foreclosure by public advertisement and sale, unles…
W.S. § 34-4-113 Payment of proceeds
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Payment of proceeds. (a) After any sale of real estate made as herein prescribed, proceeds from the sale shall be paid over by the officer or other person making the sale in the following order: (i) Payment of the reasonable expenses of collection and enforcement and, to the exte…