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INDIAN SPRINGS v. INDIAN SPRINGS LAND INV.

No. 34623.

215 P.3d 457 (2009)

INDIAN SPRINGS LLC, Assignee of D.M. & Shirley Thornhill, husband and wife, and an Assignee of Indian Springs Natatorium, Inc., an Idaho corporation, Plaintiffs-Respondents, v. INDIAN SPRINGS LAND INVESTMENT, LLC; Ron Bitton; Professional Escrow Services; The Everett & Ardis Mc Kinney Revocable Trust u/i/d September 25, 1998; AICO Recreational Properties, LLC; Recreational Properties A & B, a partnership; John K. Baker & Julie Baker, husband and wife, Everett W. McKinney & Ardis E. McKinney, husband and wife, Todd W. Andersen and Penny L. Andersen, husband and wife, Terry W. Andersen and Rosanna Andersen Trustees of the Terry W. Andersen and Rosanna Andersen Living Revocable Trust dated February 1, 2001; Glen C. Mahoney and Jane Doe Mahoney, husband and wife, John Does and Jane Does 1-10, Defendants, and Terry W. Andersen and Rosanna Andersen, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, May 2009 Term.

Rehearing Denied September 3, 2009.

Attorney(s) appearing for the Case

Terry and Rosanna Andersen, Pocatello, pro se appellants argued.

Racine, Olson, Nye & Budge, & Bailey, Pocatello, for respondents. Scott J. Smith argued.

BURDICK, Justice.

This appeal arises from an action filed by Respondent Indian Springs, LLC against various defendants to foreclose a real estate mortgage on the property known as Indian Springs Natatorium, and to collect on the promissory note secured by the mortgage. Appellants Terry and Rosanna Andersen, acting pro se on behalf of themselves, individually; Recreational Properties A & B, LLC; Recreational Properties A & B, a partnership; the Terry...

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