from the District Court of the Sixth Judicial District, State
of Idaho, Bannock County. Stephen S. Dunn, District Judge.
decision of the district court is affirmed.
Losee and Jocarol Losee, Plaintiffs-Appellants pro se
Hawley, Troxell, Ennis & Hawley, LLP, Boise, for
Defendant-Respondent. Lars Eric Lundberg argued.
BURDICK, CHIEF JUSTICE.
Jerry and JoCarol Losee appeal the district court's
decision granting Deutsche Bank National Trust Company's
motion for summary judgment, arguing the district court erred
by refusing to consider their "Chain of Title
Analysis" as inadmissible hearsay. The Losees also argue
the district court erred in failing to rule on two of their
claims against Deutsche Bank. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
February 6, 2003, the Losees entered into a home mortgage
loan ("Note") with New Century Mortgage
Corporation. The Note was secured by a Deed of Trust.
months later, the Note and Deed of Trust were transferred by
New Century to Deutsche Bank by an Assignment of Deed of
Trust, which was recorded on April 7, 2003. The Losees
continued to make payments after the assignment.
2009, however, the Losees became delinquent in their
payments, eventually defaulting on the Note. Accordingly,
Deutsche Bank initiated non-judicial foreclosure proceedings.
On March 3, 2011, Deutsche Bank recorded a notice of default,
and issued a Notice of Trustee's Sale, setting the sale
for July 7, 2011.
6, 2011, the day before the trustee's sale, the Losees
filed a complaint against New Century and Deutsche Bank in
district court and were granted a temporary restraining order
to stop the sale. Later that year, on December 7, 2011, the
district court entered judgment in favor of Deutsche Bank
allowing it to move forward with foreclosure.
the Losees filed for bankruptcy relief on January 12, 2012,
staying the foreclosure proceedings. The Losees'
bankruptcy case was voluntarily dismissed fourteen days
later. Following the dismissal of the Losees' bankruptcy
case, Deutsche Bank set a foreclosure sale date for December
6, 2012. However, two days before the sale, the Losees again
filed for bankruptcy relief and the sale was stayed for a
two years after the foreclosure sale was supposed to take
place, a second notice of default was recorded on April 20,
2014. However, the foreclosure sale was postponed when the
Losees requested a loss mitigation review. The owner of the
loan would not allow loan modification, so the Losees were
advised that a short sale of the property was the only loss
August 17, 2015, this case commenced when the Losees, acting
pro se, filed their "Original Petition for Breach of
Contract, Slander of Title for Declaratory Judgment and
Motion for Temporary Restraining Order and Application for
Temporary Injunction" ("Complaint") with the
district court, naming Deutsche Bank and New Century as
defendants. The Complaint alleged a breach of contract claim
and a slander of title claim, and requested a declaratory
judgment regarding the rights, obligations, and interests in
the property at issue. The Losees then filed an amended
complaint on September 14, 2015, adding a claim for wrongful
foreclosure against New Century. On March 7, 2017, Deutsche
Bank filed a motion for summary judgment.
April 11, 2017, the Losees submitted a "Notice of Filing
for Judicial Review," to which they attached a
"Chain of Title Analysis." The "Chain of Title
Analysis" was a report resulting from a mortgage fraud
investigation conducted by a private investigation company
hired by the Losees. The Notice of Filing for Judicial Review
stated that the "Chain of Title Analysis" supported
the affidavit of Joseph Esquivel, Jr., which had been filed
with the amended complaint a year and a half earlier.
Although the "Chain of Title Analysis" was filed in
support of the Esquivel affidavit, it was not labeled as an
affidavit and the statements within it were unsworn.
August 25, 2017, the district court granted Deutsche
Bank's motion for summary judgment. The district court
concluded that New Century's sale of its interest in the
Losees' Note did not breach the Deed of Trust, that title
to the property had not been slandered or become clouded by
the assignment, and that the "Chain of Title
Analysis" submitted by the Losees was inadmissible
hearsay not appropriate for ...