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BAC HOME LOANS SERVICING, LP v. TRANCYNGER

No. 26736.

847 N.W.2d 137 (2014)

2014 S.D. 22

BAC HOME LOANS SERVICING, LP f/k/a Countrywide Home Loans Servicing, LP, Plaintiff and Appellee, v. Thomas C. TRANCYNGER; Susan D. Trancynger, Defendants and Appellants, and Mortgage Electronic Registration Systems, Inc.; and any Person in Possession, Defendants.

Supreme Court of South Dakota.

Decided April 16, 2014.

Attorney(s) appearing for the Case

David C. Piper of Mackoff Kellogg Law Firm, Dickinson, North Dakota, attorneys for plaintiff and appellee.

David L. Claggett , Spearfish, South Dakota, attorney for defendants and appellants.

WILBUR, Justice.

[¶ 1.] The circuit court granted summary judgment to BAC Home Loans Servicing, LP (BAC) entitling BAC to foreclose on its residential real estate mortgage. The circuit court also awarded attorney fees to BAC and reformed the mortgage by changing the legal description. Thomas Trancynger and Susan Trancynger (Trancyngers), husband and wife, appeal, arguing that a genuine issue of material fact precludes summary judgment. We affirm.

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