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Jacobson v. Bayview Loan Servicing, LLC

Jacobson v. Bayview Loan Servicing, LLC, 2016 MT 101 (May 4, 2016) (Wheat, J.; Rice, J., concurring) (5-0, aff’d)

Issue: (1) Whether the district court erred in holding that Bayview violated the Fair Debt Collections Practices Act; (2) whether the district court erred in holding that Bayview violated the Montana Consumer Protection Act; (3) whether the district court erred in awarding damages to the Jacobsons; and (4) whether the Jacobsons should be awarded costs and fees on appeal.

Short Answer: (1) No; (2) no; (3) no; and (4) yes.

Affirmed

Facts: Jacobsons borrowed money and bought a home in October 2007, executing a promissory note and trust indenture for $391,400 as security. The original lender was CitiMortgage, Inc. and the “nominee” beneficiary of the trust indenture was Mortgage Electronic Registration Systems, Inc.…

Amour v. Collection Professionals, Inc.

Amour v. Collection Professionals, Inc., 2015 MT 150 (June 2, 2015) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether the debt Amour owed to the GAL was regulated by the FDCPA; (2) whether the GAL was entitled to quasi-judicial immunity under the Montana Consumer Protection Act; and (3) whether the district court correctly awarded CPI $7,408.70 plus interest.

Short Answer: (1) No; (2) yes; and (3) yes.

Affirmed

Facts: Shannon Amour petitioned for dissolution in 2007. In 2008, the court entered an order naming Nancy Smith the GAL for Amour’s children. The court specified Smith’s duties, granted her immunity, and specified that the gross marital estate was responsible for paying her. Amour entered a contract with Smith agreeing to pay Smith $90/hour plus expenses.…

Serrania v. LPH, Inc.

Serrania v. LPH, Inc., 2015 MT 113 (April 28, 2015) (Baker, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the appeal is justiciable; (2) whether the district court properly granted summary judgment to LPH on Serrania’s Fair Debt Collection Practices Act (FDCPA) claim; (3) whether the district court abused its discretion in sanctioning Serrania’s attorney, Terry Wallace.

Short Answer: (1) Serrania’s sanction and contract judgment appeals are moot, but her FDCPA claim appeal is live, and Wallace’s appeal is live; (2) yes; and (3) some sanctions are affirmed and some are reversed.

Affirmed in part, reversed in part, and remanded

Facts: Karrie Lynn Serrania went to Discovery Dental Group, PLLC (DDG) in 2009. She signed a contract agreeing to pay for treatment, services, and all collection and legal fees if necessary.…