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McNEILL FAMILY TRUST v. CENTURA BANK

Nos. 02-43, 02-44, 02-59.

60 P.3d 1277 (2003)

2003 WY 2

McNEILL FAMILY TRUST, Appellant (Defendant/Third Party Plaintiff), v. CENTURA BANK, Appellee (Plaintiff), and Sandra Dvorscak, Appellee (Defendant), and Meinhold, Stawiarski, Shapiro & Codilis, LLP; Lynn M. Janeway, individually; and Hayley Belt, individually, Appellees (Third Party Defendants). Centura Bank, Appellant (Plaintiff), v. McNeill Family Trust, Appellee (Defendant/Third Party Plaintiff). McNeill Family Trust, Appellant (Defendant/Third Party Plaintiff), v. Centura Bank, Appellee (Plaintiff).

Supreme Court of Wyoming.

January 8, 2003.

Attorney(s) appearing for the Case

Kate M. Fox of Davis & Cannon, Cheyenne, Wyoming; and Wm. Daniel Elsom and Teresa Elsom of Elsom & Elsom, Lawyers, Cody, Wyoming, Representing McNeill Family Trust.

Gary R. Scott of Hirst & Applegate, P.C., Cheyenne, Wyoming, Representing Centura Bank.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

KITE, Justice.

[¶ 1] Centura Bank commenced a foreclosure by power of sale proceeding on a first mortgage which was in default with $87,320.82 due. Centura's attorneys apparently intended to cancel or postpone the sale because they had failed to notify a second mortgagee but did not do so. No bank representative attended the sale, and Bob G. McNeill, on behalf of the McNeill Family Trust (McNeill Trust), made the only bid in the amount of $20,000. The district...

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