In Re: Ralph Gifford and Betty J. Gifford, Debtors: Gary A. Barney, Trustee v. Bac Home Loans Servicing, L.P., Its Assigns and Successors, 300 P.3d 852

Bankruptcy court certified a question to Wyoming Supreme Court about effect of Wyo. statutes 34-2-122 and 34-2-123 on a mortgage.
Betty J. Gifford borrowed $438,400 from The Jackson State Bank & Trust in January 2006 to purchase real estate in Pinedale, WY, secured by a mortgage.
Mortgage recorded February 1, 2006; assignment to MERS recorded February 13, 2006 without describing MERS as agent.
October 21, 2009 MERS assigned the mortgage to BAC Home Loans Servicing, LP; servicing for BAC noted in later recording.
Debtor defaulted April 2009; Chapter 7 filed December 2009; trustee sued to avoid the Mortgage for various reasons including alleged § 34-2-122/123 noncompliance.
Wyoming Supreme Court held §§ 34-2-122 and 34-2-123 do not apply; they are notice statutes protecting undisclosed principals only where agency is disclosed and claims arise from third-party conflicts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Do §§ 34-2-122 and 34-2-123 apply to the mortgage assignments here?	Trustee: assignments failed to name agent relationships, triggering §§ 122-123.	BAC: statutes are notice provisions protecting undisclosed principals; not triggered here.	No; mortgage not required to comply with §§ 122-123.

Redco Constr. v. Profile Props., LLC., 271 P.3d 408 (Wy. 2012) (statutory interpretation and notice statutes; §122-§123 not implicated here)