EstatePass
FinancingDeeds_of_trust_and_mortgagesHARD

Patricia owns a home in Sheridan, Wyoming with a $180,000 deed of trust loan balance. She defaults, and the trustee's sale results in a winning bid of $150,000—$30,000 less than the outstanding loan balance. After the sale, the lender seeks to recover the $30,000 shortfall. Which statement most accurately describes the lender's options under Wyoming law?

Correct Answer

D) The lender must pursue a separate judicial action to obtain a deficiency judgment against Patricia for the $30,000 shortfall.

Under Wyoming law, after a non-judicial trustee's sale, the lender's non-judicial foreclosure remedy satisfies the security interest in the property, but it does not automatically extinguish the borrower's personal liability for any deficiency. To recover the $30,000 shortfall, the lender must file a separate lawsuit in district court and obtain a deficiency judgment against Patricia. This requires a judicial proceeding separate from the non-judicial foreclosure process itself.

Answer Options
A
The lender may collect the deficiency only if Patricia voluntarily agrees to a repayment plan within 30 days of the sale.
B
The lender may automatically collect the $30,000 deficiency from Patricia without further legal action because the deed of trust authorizes it.
C
Wyoming law prohibits any deficiency judgment after a non-judicial trustee's sale, so the lender has no recourse against Patricia.
D
The lender must pursue a separate judicial action to obtain a deficiency judgment against Patricia for the $30,000 shortfall.

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Financing Question

Sign up free to unlock full analysis

Background Knowledge for Financing

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Financing

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

deficiency_judgmenttrustees_salenon_judicial_foreclosureshortfallwyoming_trapexpert_level
Was this explanation helpful?

More Financing Questions

People Also Study

Financing Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing