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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.…

Whitefish Credit Union v. Prindiville

Whitefish Credit Union v. Prindiville, 2015 MT 328 (Nov. 24, 2015) (Rice, J.) (6-0, aff’d & rev’d)

Issue: (1) Whether the district court erred by holding that a hearing was required as a matter of law to determine the fair market value of the foreclosed property; (2) whether the district court’s valuation of the foreclosed property was supported by credible evidence; and (3) whether the district court erred by improperly admitting evidence at the hearing.

Short Answer: (1) No; (2) the Court does not reach this issue because (3) yes, the district court abused its for a rehearing.

Affirmed & reversed & remanded

Facts: Defendants Prindivilles, Shinns, and Rothschild acquired more than 600 acres of land on Patrick Creek Road with a loan from Whitefish Credit Union for $2.237 million.…

Bell Generations Trust v. Flathead Bank

Bell Generations Trust v. Flathead Bank, 2013 MT 152 (June 5, 2013) (6-1) (Cotter, J., for the majority; Wheat, J., dissenting)

Issue: Whether the district court properly determined that Bell’s easement rights were subordinate to Flathead Bank’s interests in the property, and were properly foreclosed upon and extinguished by the bank trhough a trustee’s sale.

Short Answer: Yes.

Affirmed

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