§ 1-18-114 — Omitted parties; definitions

Wyoming § 1-18-114

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

Text

(a) For purposes of this section:
(i) "Omitted party" means any person who:
(A) Subsequent to the recording of a mortgage,
deed of trust or other lien instrument pursuant to which a
foreclosure sale has been conducted, has either acquired a
record interest in the property subject to a mortgage
foreclosure, deed of trust or execution sale, or has obtained a
valid possessory interest and is in actual possession of the
property; and
(B) Is not included as a party defendant in a
judicial foreclosure action or, if included, is entitled to
notice, but was not served with process, or was not mailed
notice of the execution sale or is not notified pursuant to W.S.
34-4-104 of a mortgage foreclosure sale.
(ii) "Interested person" means any holder of a
certificate of purchase or certificate of redemption issued
pursuant to W.S. 1-18-102 and 1-18-106 or any owner of the
property by virtue of a sheriff's or public trustee's deed or
person claiming through such owner.
(b) The interest of an omitted party in the property which
is the subject of a mortgage foreclosure, execution or sheriff's
or trustee's sale may be terminated in a civil action commenced
by any interested person if the omitted party is afforded rights
of redemption upon terms as the district court for the district
in which the property is located may deem just under the
circumstances, which terms shall not, however, be more favorable
than the person's statutory rights had the person been provided
notice of the sale.
(c) For purposes of this section, the mortgage, judgment
or other lien which is the subject of the sale shall not be
extinguished by merger with the title to the property acquired
upon issuance and delivery of the sheriff's deed until the
interest of any omitted party has been terminated as provided in
subsection (b) of this section or by operation of law.