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Federal Home Loan Mortgage Corp. v. Butcher

Supreme Court of Idaho

October 29, 2014

FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff-Respondent,
v.
MARGARET A. BUTCHER, Defendant-Appellant, and DENNIS D. BUTCHER, and JOHN DOES 1-10, whose true identity is unknown, as Occupants of the Premises located at 10512 W. Achillea Street, Star, Idaho 83669, Defendants

2014 Opinion No. 111.

Page 557

Appeal from the district court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. Kathryn A. Sticklen, Senior District Judge. Hon. Christopher Bieter, Magistrate Judge.

The decision of the district court is affirmed. Costs on appeal are awarded to respondent.

Law Offices of Wesley W. Hoyt, Clearwater, attorneys for appellant. Wesley Hoyt argued.

Routh Crabtree Olsen, P.S., Boise, attorneys for respondent. Lance Olsen argued.

WALTERS, J. pro tem. Chief Justice BURDICK, Justices EISMANN, J. JONES and HORTON CONCUR.

OPINION

Page 558

[157 Idaho 579] WALTERS, J. pro tem

I. Nature of the Case

Margaret Butcher and her former husband purchased residential property in 2005 with a loan secured by the property from Home Federal Bank. Butcher received the property in their divorce in 2009, and she subsequently defaulted on the loan. Wells Fargo Bank, the indorsee of the loan, foreclosed on the property. At the foreclosure sale, Federal Home Loan Mortgage Corporation (" FHLMC" ) purchased the property with a credit bid. FHLMC then filed a post-foreclosure eviction complaint for ejectment and restitution of the property. The magistrate court granted FHLMC's motion for summary judgment and entered a final judgment in favor of FHLMC. Butcher appealed. The district court affirmed the magistrate court's decision. Butcher appeals to this Court. We affirm.

II. Factual and Procedural Background

On December 15, 2005, Butcher and her husband borrowed $147,900 from Home Federal Bank to purchase residential property located at 10512 West Achillea Street in Star, Idaho. They executed a deed of trust as security for the loan. Home Federal Bank indorsed the note without recourse to Wells Fargo Bank. Butcher received the property in the divorce from her husband. She defaulted on the loan, and Wells Fargo Bank recorded a notice of default. After some delay, a trustee's sale occurred on May 16, 2011. A trustee's deed was issued to FHLMC, stating that FHLMC bought the property for $123,000 on the day of the sale. FHLMC purchased the property with a credit bid.

On July 12, 2011, FHLMC filed a post-foreclosure eviction complaint for ejectment and restitution of the property. On August 1, 2011, Butcher filed a notice of appearance pro se. On August 16, 2011, Butcher filed an answer. On September 28, 2011, FHLMC moved for summary judgment. FHLMC notified Butcher of a hearing on its motion scheduled for November 1, 2011. Butcher did not file a response, but she appeared at the hearing. The parties stipulated to continue the hearing to November 22, 2011, to allow for Butcher to respond to FHLMC's motion. The magistrate court informed Butcher that she had to respond no later than November 15, 2011, and told FHLMC that it could file a reply by November 21, 2011. On November 15, 2011, the clerk of the court refused to accept Butcher's response and instead allowed her to file a pre-printed " Answer" form. FHLMC received Butcher's response by mail. On November 21, 2011, FHLMC filed its reply. On November 22, 2011, the magistrate court held a hearing on FHLMC's motion for summary judgment. The magistrate court accepted Butcher's response ...


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