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WATTS v. HSBC BANK U.S. TRUSTEE

No. DA 12-0695.

308 P.3d 57 (2013)

2013 MT 233

Timothy E. WATTS, Plaintiff and Appellee, v. HSBC BANK U.S. TRUSTEE, Ace Securities Trust and Registered Holders of Ace Securities Corp. Home Equity Loan Trust, Series 2007-ASAP 1, Asset-Backed Pass-Through Certificates, David A. Marion and Debra E. Marion, Husband and Wife, and All Persons Unknown, Claiming or who Might Claim Any Right, Title, Estate, or Interest In, or Lien or Encumbrance Upon the Real Property Described In The Complaint, or Any Part Thereof, Adverse to Plaintiff's Ownership or Any Cloud Upon Plaintiff's Title Thereto, Whether Such Claim or Possible Claim be Present or Contingent, Defendants and Appellants.

Supreme Court of Montana.

Decided August 20, 2013.

Attorney(s) appearing for the Case

For Appellant: Mark C. Sherer ; Mackoff Kellogg Law Firm; Dickinson, North Dakota.

For Appellee: Amy N. Guth ; Attorney at Law; Libby, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 HSBC Bank USA, N.A., as trustee on behalf of Ace Securities Corp., Home Equity Loan Trust, and for the registered holders of Ace Securities Corp. Home Equity Loan Trust, series 2007-ASAP 1, asset backed pass-through certificates (collectively "HSBC"), appeal from an order of the Nineteenth Judicial District Court, Lincoln County, denying HSBC's motion for summary judgment and granting summary...

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