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COUNTRYWIDE HOME LOANS v. FIRST NAT. BANK

Nos. 06-3, 06-4.

144 P.3d 1224 (2006)

2006 WY 132

COUNTRYWIDE HOME LOANS, INC., a Wyoming Corporation; and America's Wholesale Lender, a corporation, Appellants (Defendants), v. FIRST NATIONAL BANK OF STEAMBOAT SPRINGS, N.A., Appellee (Plaintiff). The Bank of New York Trustee Under the Pooling and Servicing Agreement Series 1997; and Mortgage Electronic Systems, Inc., a corporation, Appellants (Defendants), v. First National Bank of Steamboat Springs, N.A., Appellee (Plaintiff).

Supreme Court of Wyoming.

October 17, 2006.

Attorney(s) appearing for the Case

Representing Appellants: James R. Salisbury and Sean C. Chambers of Riske, Salisbury & Kelly, P.C., Cheyenne, Wyoming. Argument by Mr. Salisbury.

Representing Appellees: Thomas A. Thompson and Brandon W. Snyder of MacPherson, Kelly & Thompson, LLC, Rawlins, Wyoming. Argument by Mr. Thompson.

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

KITE, Justice.

[¶ 1] In this mortgage foreclosure action, the district court declined to apply the doctrine of equitable subrogation and instead strictly applied Wyoming's "first in time is first in right" recording statute. The result was an order granting summary judgment in favor of First National Bank of Steamboat Springs, N.A. (First National Bank), holding its mortgage had priority over all other recorded liens...

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