Legal Opinion

McNeill Family Trust v. Centura Bank

Wyoming Supreme Court

Decided January 8, 2003No. 02-43, 02-44, 02-59PublishedCited by 20 opinions

1Opinion of the Court

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 court found the McNeill Trust’s bid price so low as to be unconscionable, and that finding, together with Centura’s mistakes, justified…

2Cases cited38 opinions

  1. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  2. Metz Beverage Co. v. Wyoming Beverages, Inc.Wyoming Supreme Court · 2002
  3. Giordano v. StubbsSupreme Court of Georgia · 1971
  4. Peterson v. First National Bank of CeylonSupreme Court of Minnesota · 1925
  5. Burge v. Fidelity Bond and Mortg. Co.Supreme Court of Delaware · 1994

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3Cited by20 opinions

  1. Birt v. Wells Fargo Home Mortgage, Inc.Wyoming Supreme Court · 2003
  2. Mantle v. N. Star Energy & Constr. LLCWyoming Supreme Court · 2019
  3. Rock Springs Land and Timber, Inc. v. LoreWyoming Supreme Court · 2003
  4. Horn v. WoosterWyoming Supreme Court · 2007
  5. Gerald L. Spence John Zelbst Rex Parris Joseph H. Low and Kent Spence, directly on their own behalf and derivatively on behalf of the Trial Lawyers College, a Wyoming Nonprofit Corporation v. John Sloan Milton Grimes Maren Chaloupka J.R. Clary, Jr. Dana Cole and Anne Valentine and the Trial Lawyers College, a Wyoming Nonprofit CorporationWyoming Supreme Court · 2022

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