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Idaho Property Management Services, Inc. v. MacDonald

Court of Appeals of Idaho

December 16, 2014

IDAHO PROPERTY MANAGEMENT SERVICES, INC., dba THE RENTAL CONNECTION, Plaintiff-Respondent,
v.
DON MACDONALD, Defendant-Appellant

2015 Opinion No. 104

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Benjamin R. Simpson, District Judge.

Summary judgment for plaintiff, reversed and case remanded.

Don Macdonald, Las Vegas, Nevada, Pro se appellant.

Charles B. Lempesis, Coeur d'Alene, for respondent.

LANSING, Judge. Chief Judge GUTIERREZ and Judge MELANSON CONCUR.

OPINION

Page 672

LANSING, Judge

This dispute concerns financial liability for a mobile home on which defendant Don Macdonald was a lienholder and which was abandoned by the registered owners and left on property belonging to plaintiff Idaho Property Management Services, Inc. (IPMS). Macdonald appeals from a summary judgment in favor of IPMS. We reverse and remand.

I.

BACKGROUND

According to defendant Macdonald, he at some point loaned money to Christopher and Rebekah Pattison and acquired a lien on the title to their mobile home as security for the loan. In August 2010, the Pattisons leased a lot in a mobile home park from IPMS and placed the mobile home on the lot. The lease stated a rental rate of $295 per month and imposed certain late fees for rent that was

Page 673

not timely paid. Macdonald was not a party to the lease. A title to the mobile home was issued by the Idaho Transportation Department (ITD), and in ITD records the Pattisons were named as the " registered owner" and Macdonald was referenced as the " legal owner."

In early November 2011, the Pattisons abandoned the mobile home. Sometime thereafter IPMS, identifying itself as the " possessory lienholder," submitted a request to ITD pursuant to Idaho Code § 55-2009B for permission to conduct a lien sale of the mobile home. On March 27, 2012, ITD issued the requested authorization. On April 4, 2012, Macdonald filed with ITD a declaration of opposition to the sale. IPMS apparently did not go through with the sale.

On July 18, 2012, the attorney for IPMS wrote a letter to Macdonald maintaining that the mobile home " owned by you" is " illegally placed and constitutes a trespass pursuant to the provisions of Idaho law." The letter demanded payment of $4,390.09 for " delinquent rents, late charges and damages resulting from the continuing trespass," further demanded prompt removal of the mobile home from IPMS property, and also informed Macdonald that ...


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