Deschamps v. Treasure State Trailer Court, Ltd., et al.
Annotate this CaseAppellant appealed a district court order denying his motion for summary judgment, granting summary judgment in favor of appellees, as personal representative of the Estate of Larry Rasmussen ("Estate"), and awarding the Estate attorney fees. At issue was whether the district court erred in concluding that the Estate's nonjudicial foreclosure was not a compulsory counterclaim to an earlier action between the parties and whether the district court erred in concluding that appellant could not revive fraud-related claims as an affirmative defense. The court held that the district court did not err in ruling that the Estate was not required to assert nonjudicial foreclosure where the Estate commenced a foreclosure by advertisement and sale, which was a nonjudicial remedy it was statutorily entitled to invoke and the rules governing judicial claims and defenses did not apply to nonjudicial proceedings. The court also held that the district court did not err in concluding that appellant's fraud claims were barred where he was the plaintiff in the case and could not assert affirmative defenses nor could he compel the Estate to commence a judicial action so that he could raise an affirmative defense. The court further held that the Estate was entitled to recover attorney fees in the instant case in connection with its defense of appellant's claims in the district court and on appeal.
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