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RATHBUN v. INDYMAC MORTGAGE SERVICES

No. CV 12-49-M-DWM.

916 F.Supp.2d 1174 (2013)

Daniel W. RATHBUN, Plaintiff; v. INDYMAC MORTGAGE SERVICES; One West Bank, FSB; and John Does 1-25; Defendants.

United States District Court, D. Montana, Missoula Division.

January 4, 2013.

Attorney(s) appearing for the Case

Nathan G. Wagner, Zane K. Sullivanm, Sullivan Tabaracci Rhoades, Missoula, MT, for Plaintiff.

Benjamin P. Hursh, Mark L. Stermitz, Crowley Fleck, Missoula, MT, for Defendants.

ORDER

DONALD W. MOLLOY, District Judge.

I. INTRODUCTION

This case arises from a 2005 deal between Rathbun and IndyMac Bank ("IndyMac") establishing for Rathbun a home equity line of credit based on his ownership of property in Ravalli County. (Doc. 30 at 2-5.) Rathbun claims that IndyMac wrongfully encumbered two lots of his property (Lots 20 and 21), when he agreed only to encumbering one lot (Lot...

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