§ 1-18-104 — Redemption by judgment creditors and others; manner prescribed; subsequent redemptions; possession, rents and profits, common carriers excepted

Wyoming § 1-18-104

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 18: SALE AND REDEMPTION OF REALTY SOLD UNDER

Text

(a) If no redemption is made within the redemption period
provided in W.S. 1-18-103, any judgment creditor of the person
whose real estate has been sold, or any grantee or mortgagee of
the real estate or person holding a lien on the real estate sold
is entitled to redeem the same on or before the thirtieth day
after the expiration of the applicable redemption period
provided in W.S. 1-18-103, by complying with subsections (b) and
(c) of this section.
(b) The redemptioner shall pay to the purchaser or to the
officer conducting the sale, either an amount agreed upon by the
purchaser and the redemptioner, or the amount bid with interest
at ten percent (10%) per annum from the date of sale, and the
amount of any assessments or taxes and the amount due on any
prior lien which the purchaser may have paid after the purchase,
with interest. If the purchaser also has a lien prior to that of
the redemptioner, the redemptioner shall also pay the amount of
the lien with interest.
(c) The redemptioner must produce for the purchaser from
whom redemption is sought or for the officer who conducted the
sale:
(i) A copy of the judgment under which the right of
redemption is claimed, duly certified by the clerk of the court
in which the judgment was entered, or if redemption is sought
under a mortgage or other lien, a copy of the mortgage or other
lien certified by the clerk of the county; or
(ii) A copy of any assignment necessary to establish
the claim; and
(iii) An affidavit by himself or his agent showing
the amount actually unpaid and due on the lien.
(d) If the property is redeemed, another redemptioner may
within thirty (30) days from the last redemption again redeem
from the last redemptioner by paying the amount of the last
redemption together with interest at ten percent (10%) per annum
from the date thereof, and the amount of any assessment or taxes
which the last redemptioner may have paid and the amount of any
lien held by the last redemptioner prior to his own, with
interest. The property may again, and as often as any
redemptioner desires, be redeemed from any previous redemption
within thirty (30) days from the last redemption. If no
redemption is made within thirty (30) days after the applicable
redemption period provided in W.S. 1-18-103, the purchaser or
his assignee is entitled to a sheriff's deed to the property, or
if so redeemed, whenever thirty (30) days has elapsed and no
other redemption has been made, the last redemptioner or his
assignee is entitled to a sheriff's deed.
(e) The execution debtor in case of a sale on execution,
and the mortgagor or owner in case of a mortgage foreclosure, is
entitled to possession of the lands sold and to the rents and
profits for a period of three (3) months after the sale unless
the property is agricultural property in which case the
entitlement to possession of the lands sold and to the rents and
profits shall be for a period of twelve (12) months after the
sale. At the expiration of three (3) months from sale of
nonagricultural land and twelve (12) months from sale of
agricultural land, the purchaser is entitled to possession and
to the rents and profits of the lands until redemption is made
from him, and each redemptioner until another redemption is made
is likewise entitled to possession and to the rents and profits.
(f) The parties to a mortgage may provide that the
mortgagee is entitled to a receiver or to the rents and profits
upon default, or upon the date of sale or at any time agreed
upon. A court may appoint a receiver or award the rents and
profits to the person entitled thereto for the prevention of
waste, or the preservation of the property, or for any equitable
cause.
(g) This section does not apply when real and personal
property of a common carrier is sold in its entirety at a
judicial sale pursuant to an order of court. In such case,
property may be sold without right of redemption unless
otherwise directed by the order of sale.