CMJ PROPERTIES, LLC, an Idaho limited liability company, Plaintiff-Appellant,
JP MORGAN CHASE BANK, N.A., a national banking association, Defendant-Respondent, and DOES 1-10, Defendants.
Opinion No. 119
from the District Court of the Fourth Judicial District of
the State of Idaho, Ada County. Hon. Richard D. Greenwood,
district court's judgment is affirmed.
Angstman, Johnson & Associates, Boise, for appellant.
Matthew T. Christensen argued.
Parsons Behle & Latimer, Idaho Falls, for respondent. Jon
A. Stenquist argued.
a quiet title action. A landowner brought suit against a
lender to extinguish a deed of trust that was recorded
against the landowner's property. The landowner claimed
that the lender's time to foreclose the deed of trust had
expired. The district court denied a motion to enter default
judgment in favor of the landowner, finding, among other
things, that the statute of limitations to foreclose the deed
of trust had not run. The district court entered a judgment
dismissing the landowner's suit. We affirm the district
Jakobson and others ("Jakobson") owned the property
at issue when a deed of trust was granted to Washington
Mutual Bank ("WMB"). The deed of trust secured a
line of credit. A day after the deed of trust was granted to
WMB, Jakobson transferred the property to CMJ Properties, LLC
("CMJ"), via quitclaim deed. The deed of trust was
later assigned to JP Morgan Chase Bank ("Chase") as
successor in interest.
stopped making payments on the credit line in May 2010 and
filed bankruptcy about five months later. On April 6, 2011,
Chase terminated the credit line and subsequently filed a
motion for relief from stay to foreclose the deed of trust.
The bankruptcy court granted the motion for relief from stay,
but Chase has not initiated foreclosure proceedings.
17, 2016, CMJ filed a complaint against Chase to quiet title
to the property. CMJ alleged the deed of trust was no longer
enforceable because the time for foreclosure had run. On July
27, 2016, CMJ filed a motion for entry of default and default
judgment because Chase failed to appear. The district court
entered default, but denied the motion for entry of default
judgment, finding that Chase's time to initiate
foreclosure proceedings had not run. The district court
entered a judgment dismissing CMJ's claim. CMJ appeals
the district court's judgment.
STANDARD OF REVIEW
Court exercises free review over the district court's
conclusions of law to determine whether the court correctly
stated the applicable law and whether the legal conclusions
are sustained by the facts found." PacifiCorp v.
Idaho State Tax Comm'n, 153 Idaho 759, 767, 291 P.3d
442, 450 (2012).
The meaning and effect of a statute is a question of law over
which this Court exercises free review. Where the language of
the statute is clear and unambiguous, legislative history and
other extrinsic evidence should not be consulted for the
purpose of altering the clearly expressed intent of the
legislature. The words must be given their ...