Editor: David Reiss
Brooklyn Law School

December 2, 2012

Idaho Supreme Court Rules for Bank, MERS, et al., Regarding Foreclosure Proceedings under Deed of Trust

By Rafe Serouya

In Trotter v. Bank of New York Mellon, 152 Idaho 842, 275 P.3d 857 (2012), holding for the defendant bank, the Supreme Court of Idaho held that under the Idaho Deed of Trust Act, the foreclosure process is a non-judicial proceeding, and therefore, a trustee may initiate a foreclosure proceeding on a deed of trust without first proving ownership of the underlying note or demonstrating that the deed of trust beneficiary has requested or authorized the trustee to initiate those proceedings. The bank had acquired the note and the mortgage prior to initiating the foreclosure. The court granted the defendants’ motion to dismiss the homeowner’s request for a stay of action.

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