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PHH MORTG. SERVICES CORP. v. PERREIRA

No. 34764.

200 P.3d 1180 (2009)

PHH MORTGAGE SERVICES CORP., its successors and/or assigns, Plaintiff-Counterdefendant-Respondent, v. Timothy A. PERREIRA, Anna M. Perreira, and Mavis M. Anestos, Defendants-Counterclaimants-Appellants, and Does I through X, inclusive, Defendants.

Supreme Court of Idaho, Twin Falls, November 2008 Term.

January 30, 2009.

Attorney(s) appearing for the Case

Robinson & Associates, Rupert, for appellants. Brent T. Robinson argued.

Just Law Office, Idaho Falls, for respondent. Kipp Manwaring argued.

EISMANN, Chief Justice.

This is an appeal from a partial judgment ejecting the defendants from real property sold at a foreclosure sale and dismissing some of the counterclaims of two defendants. Because there are issues of fact as to whether the plaintiff was the owner of the property and one of the defendants was not served with a summons and complaint, we vacate the judgment.

I. FACTS AND PROCEDURAL HISTORY

On March 12, 1999, Timothy and Anna...

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