Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bank of America, N.A. v. Alexander

Supreme Court of Montana

February 21, 2017

BANK OF AMERICA, N.A., Plaintiff and Appellee,
v.
SUSAN JANE ALEXANDER, Defendant and Appellant.

          Submitted on Briefs: December 14, 2016

         APPEAL FROM District Court of the Twenty-First Judicial District, In and For the County of Ravalli, Cause No. DV 2015-171 Honorable James A. Haynes, Presiding Judge

          For Appellant: Brian J. Miller, Morrison, Sherwood, Wilson & Deola, PLLP, Helena,

          For Appellee: Mark D. Etchart, Browning, Kaleczyc, Berry & Hoven, P.C., Helena,

          LAURIE MCKINNON JUSTICE.

         ¶1 Susan Jane Alexander (Alexander) appeals from an order granting summary judgment in favor of Bank of America, N.A. (BANA). We affirm.

         ISSUES PRESENTED

         ¶2 Alexander raises numerous issues on appeal. We restate the issues as follows:

1. Whether BANA was entitled to summary judgment and a writ of assistance based on unlawful detainer;
2. Whether Alexander sufficiently set forth a claim of fraud;
3. Whether Alexander's claims of breach of written or oral contract are barred by the statute of limitations;
4. Whether Alexander's claims of breach of oral agreement are barred by the statute of frauds; and
5. Whether Alexander properly alleged and offered supporting evidence for her claim of unjust enrichment.

         FACTUAL AND PROCEDURAL BACKGROUND

         ¶3 On December 22, 2005, Alexander and her husband wanted to refinance their home located in Victor, Montana, at 1379 Bourne Ridge Road (Property) to obtain a $336, 000 loan (Loan) for an addition and remodeling of the Property. Alexander quitclaimed her interest, right, and title in the Property to her husband, who was the borrower on the loan. The Loan was secured by the Property. Alexander maintained that BANA assured her she would not be losing any interest in the Property. In connection with the Loan, Alexander's husband executed a promissory note (Note) and a deed of trust (Deed of Trust), which was recorded in the Ravalli County Clerk and Recorder's Office on December 28, 2005. On December 22, 2005, Alexander's husband quitclaimed his interest in the Property to himself and Alexander as joint tenants.

         ¶4 On December 27, 2006, Alexander's husband died. Following his death, Alexander alleges that BANA told her to continue to make payments and that she would be able to assume and modify the loan in her own name. Alexander claims she made numerous payments on the Loan. The Loan went into default, however, on September 1, 2009. The default was not cured and BANA began foreclosure proceedings. On April 21, 2014, a Notice of Trustee's Sale was recorded in the Ravalli ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.