Title 34, Property, Conveyances And Security Transactions

Trustee's sale; generally. (a) The trustee in any such deed, except so far as may be therein otherwise provided, shall, whenever required by any creditor secured or any surety indemnified by the deed, or the personal representative of any such creditor or surety, after the debt d…

Trustee's sale; notice. Notice of sale mentioned in W.S. 34-3-102 shall in every case be the same as the notice provided in W.S. 34-4-104.

Trustee's sale; form of deed for auctioned realty. Every deed for real estate sold under a deed of trust may be made in the following form, or to the same effect: This deed, made the .... day of .... between A. B., trustee, of the first part, and C. D., of the second part, wherea…

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…

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…

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…

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 …

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…

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, …

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 …

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…

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…

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 …

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 …

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…

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…

When executed out of state; exceptions. All deeds and conveyances of real estate given and recorded in the state of Wyoming prior to January 1, 1925, the execution of which shall have been acknowledged before a notarial officer out of this state, where the certificate of official…

Instruments not witnessed; exceptions. All deeds, mortgages or other instruments executed five (5) years prior to January 1, 1935, not witnessed, and admitted to record, which, under the laws of the state of Wyoming should have been executed in the presence of one (1) witness, sh…

Certificate of acknowledgment; failure to state acknowledgment was according to law; liability of county clerk. All deeds, mortgages, powers of attorney and other instruments executed and acknowledged in any other state, territory or district of the United States five (5) years p…

Certificate of acknowledgment; incomplete. Any conveyance of real estate made ten (10) years or more prior to January 1st, A.D. 1935, purporting to be acknowledged before any justice of the peace, within or without the state of Wyoming, where such justice of the peace did not sta…

Defects in mortgage releases and assignments; time limits for civil action. Any and all mortgage releases and assignments of mortgages which have been heretofore recorded in the office of the county clerk of the county wherein the real estate therein is affected is situate, and h…

When executed by executor; generally. In all cases where a conveyance of real estate situate in this state has been made by an executor, administrator or administrator de bonis non, of any deceased person, whether appointed and acting in this or any other state, and the fact of t…

When executed by executor; deceased entryman. Any conveyance of land situate within this state, for which no final proof had been made by a deceased entryman or for which no patent had been issued to such deceased entryman under the land laws of the United States during the life …

Foreign administrator. Any conveyance of real estate heretofore, ten (10) years or more prior to January 1st, A.D. 1935, recorded in the county where such real estate is situate, executed by any foreign administrator, executor or administrator de bonis non, appointed and acting u…

Copies of proceedings in foreign courts. Duly certified copies, according to law, of the proceedings in foreign courts, mentioned and referred to in W.S. 34-5-107, 34-5-108 and 34-5-110, when recorded in the office of the county clerk of the county where the land involved is situ…

Adverse claims; when adverse claimant barred against purchaser. Any claimant having acquired any vested right in and to the said real estate conveyed as aforesaid in the two (2) preceding sections, adverse to the purchaser under the conveyances executed as aforesaid in the two (2…

Adverse claims; action by heir against purchaser. In any action contemplated in the preceding section, commenced and brought by an heir or devisee of such deceased person in this action contemplated, or the successor in interest of such heir or devisee, if it shall appear that su…

Effect of preceding sections on pending litigation; enforcement of rights of minor heir in conveyed property. The provisions of W.S. 34-5-104 through 34-5-108, 34-5-110, 34-5-111, inclusive, shall not affect any pending litigation. And any right which any minor heir may have in a…

Where release of homestead or marital status of grantor not indicated. All conveyances by which any estate or interest in real estate is created, alienated, mortgaged or assigned, or by which the title to any real estate may be affected in law or in equity wherein there is no rel…

Gifts to religious and educational uses; generally. No gift, devise, bequest, transfer, grant or conveyance of real or personal property to religious, educational, charitable or benevolent uses, which shall in other respects be valid under the laws of this state shall be deemed i…

Gifts to religious and educational uses; existence of prior trust agreements in will. No such gift, bequest or devise contained in any will executed in accordance with the requirements of law shall be deemed invalid by reason of the incorporation by reference in the will of any w…

Gifts to religious and educational uses; valid notwithstanding terms are included only by reference. (a) Any gift, devise or bequest so made to any such corporation in trust for the uses and purposes contained in such resolution, declaration, or deed of trust, shall be valid and …

Gifts to religious and educational uses; application of W.S. 34-5-114 through 34-5-117. All the terms and provisions of this act shall be deemed applicable to all gifts, devises, bequests, transfers, grants or conveyances of real or personal property heretofore made, as well as t…

Short title. This act shall be known as "The Comprehensive Curative Act", and may be quoted and cited as such.

Provisions cumulative. The provisions of this act shall be cumulative and in addition to all other like acts and statutes previously enacted.

When defective instruments validated by operation of law. When an instrument of writing, in any manner affecting or purporting to affect the title to real estate, has been, or may hereafter be recorded for a period of ten (10) years in the office of the county clerk of the county…

Enumerated defects. The defects, irregularities and omissions mentioned in W.S. 34-8-103 shall include all defects and irregularities in respect to formalities of execution and recording, and all defects and irregularities in, as well as the entire lack or omission of attestation…

Instruments as evidence after validation. From and after its validation by the operation of W.S. 34-8-103, such instrument shall impart notice to subsequent purchasers, encumbrancers, and all other persons whomsoever so far as and to the same extent that the same is recorded, not…

Definitions. (a) As used in this act: (i) "Marketable record title" means a title of record, as indicated in W.S. 34-10-103 which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in W.S. 34-10-105; (ii) "Re…

Purpose. This act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in W.S. 34-10-103, subject only to such limitations as appear in W.S. 34-10…

Effect of unbroken chain of title; marketable record title. Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for forty (40) years or more, shall be deemed to have a marketable record title to such…

Effect of unbroken chain of title; exceptions. (a) Marketable record title is subject to: (i) All interests and defects which are inherent in the chain of record title. However, a general reference in the chain, to easements, use restrictions or other interests created prior to t…

Certain interests null and void. Subject to matters stated in W.S. 34-10-104, marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims or charges whatsoever, the existence of which depends up…

Perpetuation of interest. (a) Any person claiming an interest in land may preserve and keep effective his interest by filing for record during the forty (40) year period immediately following the effective date of the root of title of the person whose record title would otherwise…

Contents of notice of claim. To be effective and to be entitled to record, the notice of claim shall contain an accurate and full description of all lands affected by the notice which shall be set forth in particular terms and not by general inclusions. However, if the claim is f…

Application. (a) Notwithstanding a failure to file a notice of claim, this act shall not be applied: (i) To bar any lessor or his successor as a reversioner of his right to possession on the expiration of any lease; (ii) To bar or extinguish the title to any railroad right-of-way…