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RATHBUN v. INDYMAC MORTGAGE SERVICES

No. CV 12-49-M-DWM.

916 F.Supp.2d 1174 (2013)

Daniel W. RATHBUN, Plaintiff; v. INDYMAC MORTGAGE SERVICES; One West Bank, FSB; and John Does 1-25; Defendants.

United States District Court, D. Montana, Missoula Division.

January 4, 2013.

Attorney(s) appearing for the Case

Nathan G. Wagner , Zane K. Sullivanm , Sullivan Tabaracci Rhoades, Missoula, MT, for Plaintiff.

Benjamin P. Hursh , Mark L. Stermitz , Crowley Fleck, Missoula, MT, for Defendants.

ORDER

DONALD W. MOLLOY, District Judge.

I. INTRODUCTION

This case arises from a 2005 deal between Rathbun and IndyMac Bank ("IndyMac") establishing for Rathbun a home equity line of credit based on his ownership of property in Ravalli County. (Doc. 30 at 2-5.) Rathbun claims that IndyMac wrongfully encumbered two lots of his property (Lots 20 and 21), when he agreed only to encumbering one lot (Lot...

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