Bergeman v. Select Portfolio Svc

December 20, 2018 by Justia

Darin Bergeman appeals the district court’s dismissal of his action against Select Portfolio Servicing, Inc. (SPS) and Mohamed Elabed. This case arose from disposition of a home and acreage owned by Bergeman’s mother, Karen Hansen. In 1998, Ms. Hansen obtained a loan on the property that was secured by a deed of trust. The loan and deed of trust were eventually assigned to U.S. Bank National Association with SPS as the servicer for the loan. After Ms. Hansen died in 2006, Bergeman took possession of the property. Mortgage statements continued to be sent to the estate of Ms. Hansen and Bergeman made payments that were accepted and credited to the loan. However, Bergeman did not personally assume liability on the note. In March 2012, the executor of Ms. Hansen’s estate issued Bergeman an executor’s deed for the property. Around July 2015, apparently as a result of Bergeman’s incarceration, he stopped making payments on the loan. In September 2016, a Notice of Default was recorded. Although he alleges that he either made payments or made arrangements for others to make payments on the loan, Bergeman acknowledged the loan was in default. The Notice of Default was followed in October 2016 by a Trustee’s Notice of Sale that announced the foreclosure sale of the property. Notices of this sale were mailed to Ms. Hansen’s estate, the executor, Bergeman, and the current occupants of the property. During this same time, SPS continued to send monthly mortgage statements to the estate. At the foreclosure sale on February 23, 2017, Mohamed Elabed purchased the property. Bergeman sued SPS and Elabed alleging misrepresentation, negligent supervision, trespass, intentional infliction of emotional distress, and negligent infliction of emotional distress. SPS and Elabed moved to dismiss, which was granted. Finding that Bergeman failed to support his claims as a "general attack upon the decision of the district court," the Idaho Supreme Court affirmed dismissal. View "Bergeman v. Select Portfolio Svc" on Justia Law