Anderson v. ReconTrust Co., N.A.Annotate this Case
In this case brought in connection with the sale of Plaintiffs’ home at a foreclosure sale, the Supreme Court affirmed the judgment of the district court dismissing Plaintiffs’ asserted negligence, negligent misrepresentation, fraud, and Montana Consumer Protection Act (MCPA) claims against Bank of America, N.A. and ReconTrust Company, N.A. pursuant to Mont. R. Civ. P. 12(b)(6) for failure to sufficiently state a claim upon which relief may be granted. The court held (1) the district court correctly held that Plaintiffs’ amended complaint failed to state sufficient facts entitling them to relief on all essential elements of their asserted negligence, negligent misrepresentation, fraud, and MCPA claims; and (2) the district court did not err by not sua sponte converting ReconTrusts’s Rule 12(b)(6) motion to dismiss into a motion for summary judgment pursuant to Mont. R. Civ. P. 12(d) upon the filing of an affidavit in support of Plaintiffs’ brief in opposition.