Bitker v. First National Bank in Evanston

KITE, Justice.

[T1] In 1996, Albert Bitker purchased 3.4 acres of partially developed land in Evanston, Wyoming, from Dennis Ottley by paying him $3,500 in cash and executing a promissory note for $31,500 for the remainder of the purchase price. 1 A mortgage on the land was also executed. Mr. Ottley ultimately assigned the promissory note and mortgage to First National Bank in Evanston (First National Bank) as collateral for other debts. When Mr. Ottley defaulted on his loans, First National Bank foreclosed against both Mr. Ottley and Mr. Bitker. Mr. Bitker filed suit against First National…