Pennell v. Nationstar
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In this foreclosure action arising under the Small Tract Financing Act (STFA), the Supreme Court affirmed the order of the district court granting Defendant's motion for summary judgment and denying Plaintiffs' cross motion for summary judgment, holding that the STFA does not contain an indication that a trustee is barred from delegating certain notice duties to agents.
Thomas and Mindy Pennell entered into a deed of trust under the STFA to secure financing to purchase certain property. The deed of trust was later assigned to Nationstar Mortgage, which appointed First American Title Company of Montana as successor trustee. When the Pennells defaulted, First American began foreclosure proceedings. Daniel Inman purchased the property at a trustee's sale, and First American executed a trustee's deed conveying the property to him. The Pennells then filed a complaint for declaratory judgment seeking a declaration that the trustee's sale and resulting trustee's deed were void because First American failed to follow the requirements of the STFA. The district court granted summary judgment for Nationstar. The Supreme Court affirmed, holding (1) the Pennells' argument that an indenture trustee is prohibited under the STFA from delegating its notice duties to an agent was without merit; and (2) the district court correctly granted summary judgment in favor of Nationstar.
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