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BLACK DIAMOND ALLIANCE, LLC. v. KIMBALL

No. 35189.

229 P.3d 1160 (2010)

BLACK DIAMOND ALLIANCE, LLC., Plaintiff/Respondent, v. Sherry KIMBALL, Defendant/Appellant.

Supreme Court of Idaho, Boise, February 2010 Term.

March 25, 2010.

Attorney(s) appearing for the Case

Wright, Johnson, Tolson & Wayment PLLC, Idaho Falls, for Appellant. David Anthony Johnson argued.

Just Law Office, Idaho Falls, for Respondent. Kipp Lee Manwaring argued.

W. JONES, Justice.

FACTS AND PROCEDURAL HISTORY

Sherry Kimball purchased a house in Idaho Falls, Idaho on August 30, 1988. On January 15, 2004, Kimball refinanced her home through Wells Fargo Bank, who later assigned the promissory note and deed of trust to Fremont Investment & Loan. Beginning September 1, 2006, Kimball fell behind on her monthly mortgage payments. On October 23, 2006, Fremont sent a notice informing Kimball that her loan was in default...

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