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TROTTER v. BANK OF NEW YORK MELLON

No. 38022.

275 P.3d 857 (2012)

Vermont TROTTER, Plaintiff-Appellant, v. BANK OF NEW YORK MELLON, f/k/a Bank of New York as Trustees for the Certificate Holders of Cwalt, Inc., Alternative Loan Trust 2005-28cb Mortgage Passthrough Certificates 2005-28cb; Mortgage Electronic Registration Systems, Inc.; Recontrust Company, N.A., Defendants-Respondents.

Supreme Court of Idaho, Moscow, September 2011 Term.

March 23, 2012.

Attorney(s) appearing for the Case

Vermont R. Trotter , Coeur d'Alene, pro se appellant.

Routh Crabtree Olsen , P.S., Bellevue, Washington and Fulbright & Jaworski, LLP, Minneapolis, Minnesota for respondents. Joshua Schaer argued for Bank of New York Mellon and ReconTrust Company. Robert J. Pratte argued for Mortgage Electronic Registration Systems, Inc.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION

HORTON, Justice.

Vermont Trotter (Trotter) is a homeowner in default on his home loan. ReconTrust, the trustee appointed by the beneficiary of the deed of trust, notified Trotter of the default and initiated a nonjudicial foreclosure on the deed of trust pursuant to I.C. § 45-1505. Upon receiving notice of the trustee's sale, Trotter sued ReconTrust, Mortgage Electronic Registration Systems, Inc...

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