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INSIGHT LLC v. GUNTER

No. 38158.

297 P.3d 1126 (2013)

INSIGHT LLC, an Idaho limited liability company; Donald F. Hutton, an unmarried man; HLT Real Estate LLC, an Idaho limited liability company; The Earle-Henrion Trust dated January 27, 1998, the sole and separate property of Daniel C. Earle; and Independent Mortgage Ltd. Co., an Idaho limited liability company, Plaintiffs-Appellants, v. Patrick GUNTER and Monica Gunter, husband and wife, Defendants-Respondents, and Summit, Inc., an Idaho corporation; Ron Hazel, an individual; Sarah Hazel, spouse of Ron Hazel; Darren Brott, an individual; and Susan Brott, spouse of Darren Brott, Defendants.

Supreme Court of Idaho, Moscow, September 2012 Term.

Rehearing Denied April 9, 2013.

Attorney(s) appearing for the Case

Dean & Kolts, Coeur d'Alene, for Appellants. Charles R. Dean argued.

Ramsden & Lyons, Coeur d'Alene, for Respondents. Marc A. Lyons argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This is an appeal from a district court trial regarding a dispute over two liens on real property: a deed of trust and a mortgage. Appellants ("Insight") are assignees of a mortgage secured by 160 acres of real property owned by Summitt, Inc. ("Summitt"), which includes an 18-acre parcel of land that Summitt purchased from the Respondents ("the Gunters"). The Gunters hold a deed of trust on the Gunter property.

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