Summary 2013 WY 54

Summary of Decision May 8, 2013


Justice Hill delivered the opinion for the Court. Answered in the Negative.

Case Name: In re: RALPH GIFFORD and BETTY J. GIFFORD, Debtors, GARY A. BARNEY, TRUSTEE v. BAC HOME LOANS SERVICING, L.P., its assigns and successors.

Docket Number: S-12-0177

URL: http://www.courts.state.wy.us/Opinions.aspx

W.R.A.P. 11 Certified Question from the United States Bankruptcy Court for the District of Wyoming, the Honorable Peter J. McNiff, Judge

Representing Appellant: Bradley T. Hunsicker and Stephen R. Winship of Winship and Winship, P.C., Casper, WY. Argument by Mr. Hunsicker.

Representing Appellee: Thomas M. Hefferon of Goodwin Proctor LLP, Washington, D.C.; and James R. Belcher of Belcher & Boomgaarden LLP, Cheyenne, WY. Argument by Mr. Hefferon.

Date of Decision: May 8, 2013

Facts: The United States Bankruptcy Court for the District of Wyoming certified a question to this Court concerning the effect of two Wyoming statutes on a debtor’s mortgage. Specifically, the bankruptcy court asks whether the mortgage must comply with Wyo. Stat. Ann. §§ 34-2-122 and 34-2-123.

Issues: The United States Bankruptcy Court for the District of Wyoming certified the following question to this Court:

Whether the mortgage must comply with Wyo. Stat. Ann. §§ 34-2-122 and 34-2-123?

Holdings: The Court answered the question in the negative. Wyo. Stat. Ann. §§ 34-2-122 and 123 are notice statutes intended to protect third parties from conflicting claims of a principal and agent. The Mortgage at issue in this case was not required to comply with Sections 122 and 123 because a) the recorded assignment of the Mortgage did not identify the grantee as acting in a representative capacity; and b) there were no conflicting claims of a principal and agent from which a third party would require protection.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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