from the District Court of the Seventh Judicial District of
the State of Idaho, Bonneville County, Hon. Bruce L. Pickett,
judgment of the district court is affirmed.
K. Beck & Associates, PC, Idaho Falls, for Appellant.
Robert K. Beck argued.
Rives, LLP, Boise, for Respondent Select Portfolio Servicing.
William C. Pooser argued.
Taggart, PLLC, Idaho Falls, for Respondent Mohamed Elabed.
Steven L. Taggart argued.
Bergeman appeals the district court's dismissal of his
action against Select Portfolio Servicing, Inc. (Select) and
Mohamed Elabed. Bergeman also appeals the district
court's decision denying his motion to consolidate this
case with an eviction case relating to the same
property. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
case concerns the disposition of a home and acreage owned by
Bergeman's mother, Karen Hansen. In 1998, Ms. Hansen
obtained a loan on the property that was secured by a deed of
trust. The loan and deed of trust were eventually assigned to
U.S. Bank National Association with Select as the servicer
for the loan. After Ms. Hansen died in 2006, Bergeman took
possession of the property. Mortgage statements continued to
be sent to the estate of Ms. Hansen and Bergeman made
payments that were accepted and credited to the loan.
However, Bergeman did not personally assume liability on the
note. In March 2012, the executor of Ms. Hansen's estate
issued Bergeman an executor's deed for the property.
July 2015, apparently as a result of Bergeman's
incarceration, he stopped making payments on the loan. In
September 2016, a Notice of Default was recorded in
Bonneville County. Although he alleges that he either made
payments or made arrangements for others to make payments on
the loan, Bergeman admits that the loan was in default. The
Notice of Default was followed in October 2016 by a
Trustee's Notice of Sale that announced the foreclosure
sale of the property. Notices of this sale were mailed to Ms.
Hansen's estate, the executor, Bergeman, and the current
occupants of the property. During this same time, Select
continued to send monthly mortgage statements to the estate.
The February 2017 statement reflects that a balance of $17,
932.87 was due to bring the loan payments current. At the
foreclosure sale on February 23, 2017, Mohamed Elabed
purchased the property.
filed this action in March 2017 against Select, Elabed, and
other defendants alleging misrepresentation, negligent
supervision, trespass, intentional infliction of emotional
distress, and negligent infliction of emotional distress.
Select and Elabed filed motions to dismiss pursuant to Idaho
Rule of Civil Procedure 12(b)(6). The district court granted
Select and Elabed's motions and denied Bergeman's
motion to consolidate the action with a pending eviction
case. Bergeman timely appealed to this Court.
STANDARD OF REVIEW
When this Court reviews an order dismissing an action
pursuant to I.R.C.P. 12(b)(6), we apply the same standard of
review we apply to a motion for summary judgment. A 12(b)(6)
motion looks only at the pleadings to determine whether a
claim for relief has been stated. On review of a dismissal
this Court determines whether the non-movant has alleged
sufficient facts in support of his claim, which if true,
would entitle him to relief. In doing so, the Court draws all
reasonable inferences in favor of the non-moving party.
Savage v. Scandit Inc., 163 Idaho 637, 640, 417 P.3d
234, 237 (2018) (quoting Hammer v. Ribi, 162Idaho
570, 573, 401 ...