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U.S. BANK NAT. ASS'N N.D. v. CITIMORTGAGE

No. 41252.

337 P.3d 605 (2014)

U.S. BANK NATIONAL ASSOCIATION N.D., Plaintiff-Appellant-Cross Respondent, v. CITIMORTGAGE, INC., a savings bank organized and existing under the laws of New York, Defendant-Respondent-Cross Appellant, and Herbert G. Thomas; Julie A. Thomas; and DOES I-XX, Defendants.

Supreme Court of Idaho, Boise, June 2014 Term.

October 29, 2014.

Attorney(s) appearing for the Case

Davison, Copple, Copple & Copple, Boise, for appellant. Michael E. Band argued.

Pickens Law, P.A., Boise, for respondent. Terri R. Pickens argued.

HORTON, Justice.

This appeal arises from a lien priority dispute between U.S. Bank National Association (U.S.Bank) and CitiMortgage, Inc. (CitiMortgage) who each hold a deed of trust to real property owned by Herbert and Julie Thomas. The district court concluded that U.S. Bank lost its first priority position on the Thomas property after finding that CitiMortgage delivered a demand for reconveyance and U.S. Bank failed to release its deed of trust as required by...

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