FIRST SEC. BANK v. RANCH RECOVERY LTD.

No. 98-209.

976 P.2d 956 (1999)

1999 MT 43

FIRST SECURITY BANK OF MISSOULA, a Montana banking corporation, Plaintiff and Respondent, v. RANCH RECOVERY LIMITED LIABILITY COMPANY, a Wyoming Limited Liability Co., Defendant and Appellant, and John Hayder, Jr., Michelle F. Hayder, Johnea P. Leinan, John Leinan, individually, as partners of H & L Properties and shareholders of Quinn's Paradise Resort, Inc., H & L Properties, a Montana partnership; Quinn's Paradise Resort, Inc., a Montana corporation; Small Business Administration, an agency of the United States; William O. Graves and Kori L. Graves; William M. Triplett, d/b/a Hot Springs Plumbing and Heating, a Montana corporation, Polson Ready Mix Concrete, Inc., a Montana corporation; Woody's Big Sky Supply, Inc., a Montana corporation; and State of Montana, Department of Revenue, Defendants, Woody's Big Sky, Inc., Cross-Plaintiff, v. Ranch Recovery Limited Liability Company, a Wyoming limited liability company; H & L Properties, a partnership; John A. Hayder, Jr., Michelle F. Hayder, John J. Leinan and Johnea P. Leinan, individually and as partners of H & L Properties, a partnership, Polson Ready Mix Concrete, Inc.; William M. Triplett, d/b/a Hot Springs Plumbing And Heating; and all other persons unknown, claiming or who might claim any right, title, estate or interest in or lien or encumbrance upon the real property described in the construction lien, being the subject of the cross-claim of Woody's Big Sky Supply, Inc., Cross-claim Defendants, Ranch Recovery Limited Liability Company, a Wyoming limited liability company, Counter-Plaintiff and Cross-Plaintiff, v. First Security Bank of Missoula, Counter-Defendant, and John Hayder, Jr., Michelle F. Hayder, Johnea P. Leinan, John Leinan, H & L Properties, Quinn's Paradise Resort, Inc., Small Business Administration, William O. Graves, Kori L. Graves, William M.Triplett, d/b/a Hot Springs Plumbing And Heating, Polson Ready Mix Concrete, Inc., Woody's Big Sky Supply, Inc., and state of Montana, Department of Revenue, Cross-Defendants.

Supreme Court of Montana.

Decided March 16, 1999.


Attorney(s) appearing for the Case

W. Arthur Graham; Sullivan & Tabaracci; Missoula, Montana, For Appellant.

Christopher B. Swartley and Susan G. Ridgeway; Datsopoulos, MacDonald & Lind, P.C.; Missoula, Montana, For Respondent:


Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 First Security Bank of Missoula commenced this action in the District Court for the Twentieth Judicial District in Sanders County, to foreclose a mortgage given by H & L Properties to secure a $450,000 loan. Defendant Ranch Recovery, LLC, is the assignee of the vendor's interest in the subject property. H & L Properties is the vendee. The District Court granted First Security's motion...

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