U.S. Bank National Ass'n N.D. v. Citimortgage, Inc.

337 P.3d 605, 157 Idaho 446, 2014 Ida. LEXIS 292
CourtIdaho Supreme Court
DecidedOctober 29, 2014
DocketNo. 41252
StatusPublished
Cited by9 cases

This text of 337 P.3d 605 (U.S. Bank National Ass'n N.D. v. Citimortgage, Inc.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
U.S. Bank National Ass'n N.D. v. Citimortgage, Inc., 337 P.3d 605, 157 Idaho 446, 2014 Ida. LEXIS 292 (Idaho 2014).

Opinion

HORTON, Justice.

This appeal arises from a lieu priority dispute between U.S. Bank National Association (U.S.Bank) and CitiMortgage, Inc. (CitiMortgage) who each hold a deed of trust to real property owned by Herbert and Julie Thomas. The district court concluded that U.S. Bank lost its first priority position on the Thomas property after finding that CitiMortgage delivered a demand for reconveyance and U.S. Bank failed to release its deed of trust as required by Idaho Code section 45-1514. U.S. Bank appeals, contending that the district court misallocated the burden of proof, that testimony offered by CitiMortgage was inadmissible, and that CitiMort[449]*449gage failed to prove delivery of the demand for reconveyance. CitiMortgage cross-appeals from the district court’s decision that CitiMortgage was not entitled to attorney fees and costs. We vacate the judgment of the district court and remand for. further proceedings consistent with this opinion. .

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 30, 2005, the Thomases opened a $2,000,000.00 home equity line of credit (the HELOC) with U.S. Bank. To secure the obligation, the Thomases executed a deed of trust in favor of U.S. Bank (the U.S. Bank Deed of Trust) to real property located at 104 Grey Eagle Road in Sun Valley (the Thomas Property). The U.S. Bank Deed of Trust was recorded in Blaine County on September 9, 2005. Under the terms of the HELOC, the debt secured by the Thomas Property was a revolving line of credit, thus, even if the debt was reduced to a zero balance, the U.S. Bank Deed of Trust would “remain in effect until released.”

In November of 2005, the Thomases approached CitiMortgage seeking refinancing. As, part of this transaction, CitiMortgage sought a title commitment for the Thomas Property from Blaine County Title Associates (BCT). BCT issued a Commitment for Title Insurance under which Stewart Title Guarantee Company agreed to issue a policy to CitiMortgage so long as all prior deeds of trust, including the U.S. Bank Deed of Trust, were released so that CitiMortgage would be in first lien position with regard to the Thomas Property.

To that end, BCT contacted the local branch of U.S. Bank in Ketchum to determine the HELOC payoff amount. In response, U.S. Bank faxed BCT a screen shot of an account, inquiry reflecting the balance owed on the HELOC with an interest calculation as of November 22, 2005. The payoff amount was listed at $1,840,991.52, with interest accruing at a rate of $351.9752619 per day.

On November 23, 2005, the Thomases closed with CitiMortgage and obtained a $4,990,000.00 loan (the CitiMortgage Loan). The CitiMortgage Loan was secured by a deed of trust on the Thomas Property (the CitiMortgage Deed of Trust). The Thomases also signed the loan commitment from BCT, indicating their understanding and intent that the HELOC would be closed and the property reconveyed. The CitiMortgage Deed of Trust was recorded in Blaine County on November 29,2005.

Also on November 29, 2005, a check from BCT in the amount of $1,843,807.40 was hand delivered to the U.S. Bank branch in Ketchum. The check was made payable to U.S. Bank. Immediately below the payee line, was the notation:

Loan No. 00003000398652

Payoff Loan ■

The loan number referenced was that of the HELOC. The amount' of the check represented BCT’s calculation of the amount owed on the HELOC, including accrued interest. BCT’s policy was that checks were “always” stapled together with release demand letters prior to delivery. It is undisputed that BCT delivered the check, that the check was deposited by U.S. Bank, and that the HELOC balance was reduced to zero. U.S. Bank deposited the excess funds into another account the Thomases maintained with U.S. Bank.

U.S. Bank contends that BCT did not deliver a written demand for release of the U.S. Bank Deed of Trust along with the cheek. CitiMortgage maintains that the demand letter was stapled to the check. The demand letter that CitiMortgage claims was delivered is undated, captioned “RELEASE DEMAND LETTER,” and states, in pertinent part:

In connection with the above-referenced escrow, please find our check # 13219 in the amount of $1,843,807.40. You are authorized to use said funds in connection with your Loan Number 00003000398652 when you are in a position to deliver a Deed of Reconveyance of a Deed of Trust or Release of Mortgage from the above referenced borrower, recorded as Instrument No. 526727.
We demand that the Deed of Reconveyance or Release of Mortgage be delivered [450]*450to the undersigned within 30 days, as provided by statute.

The Thomases were identified as the borrowers in the Release Demand Letter. It is undisputed that U.S. Bank did not reconvey the U.S. Bank Deed of Trust and did not close the Thomases’ HELOC.

It appears that the Thomases were initially unaware that the HELOC remained open. However, once they became aware of it, they took full advantage of their good fortune (or the misfortune of one of the parties to this appeal) and began borrowing against the HELOC in January of 2006. By June of 2011, the Thomases owed U.S. Bank over $2 million for draws on the HELOC. Predictably, the Thomases defaulted on both the HELOC and the CitiMortgage Loan. When preparing to foreclose on its deed of trust in 2011, U.S. Bank discovered the CitiMortgage Deed of Trust and this litigation • ensued.

U.S. Bank filed a complaint agaihst the Thomases and CitiMortgage- to ■ judicially foreclose on the U.S. Bank Deed' of Trust and seeking a declaration that its deed of trust had priority over that of CitiMortgage. CitiMortgage raised the affirmative defense that it had priority due to U.S. Bank’s failure to comply with Idaho Code sections 45-915 and 45-1514 by failing to release the-U.S. Bank Deed of Trust upon satisfaction of the obligation and receipt of the Release Demand Letter.

In September of 2011, the parties filed cross-motions for summary judgment. The district court granted U.S. Bank’s motion for summary judgment in regard to the Thomases’ default. The district court concluded, however, that there were specific genuine issues of material fact regarding the priority between the U.S. Bank and CitiMortgage deeds of trust. The district court determined that the main contested issue of fact was whether BCT actually delivered the Release Demand Letter to U.S. Bank. If the letter was delivered, the district court found that U.S. Bank had a duty to release the U.S. Bank Deed of Trust upon satisfaction of the debt. Thus, the district court issued an order limiting the factual issues that remained for trial, including, among others, whether the $1.8 million check to U.S. Bank was stapled to the Release Demand Letter.

CitiMortgage and U.S. Bank each filed second motions for partial summary judgment. The district court issued two additional orders limiting issues for trial. Prior to trial, the district court found that the Thomases intended to pay off and close the U.S. Bank HELOC as part of the CitiMortgage refinance. The district court also considered the manner in which U.S. Bank processed checks. The district court found that original checks are not preserved by U.S. Bank but that U.S. Bank retains digital images of the checks. Under U.S.

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Cite This Page — Counsel Stack

Bluebook (online)
337 P.3d 605, 157 Idaho 446, 2014 Ida. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-bank-national-assn-nd-v-citimortgage-inc-idaho-2014.