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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO KYLE SMITH Plaintiff, v. AMERICA'S WHOLESALE LENDER, INC., Defendant. Case No. 1:12-CV-161-BLW MEMORANDUM DECISION

INTRODUCTION The Court has before it defendant's motion to dismiss and plaintiff's motion for summary judgment. The motions are fully briefed and at issue. For the reasons described below, the Court will grant the motion to dismiss and deem moot the motion for summary judgment. ANALYSIS Plaintiff Kyle Smith sued "America's Wholesale Lender, Inc." (AWL) seeking quiet title to his residential property in Meridian, Idaho. AWL is the business name of Countrywide Home Loans. In January of 2007, Countrywide loaned $203,000 to Smith and took back a promissory note secured by a deed of trust on the residence. The exhibits to Smith's complaint show that the Federal National Mortgage Association (Fannie Mae) became the new owner of Smith's loan on November 30, 2011. There is no dispute that

Memorandum Decision - 1

Countrywide has no interest in Smith's loan or his residence, and is not attempting to foreclose, collect on the loan, or assert any interest against Smith. Nevertheless, Smith has sued them to quiet title to his residence. Smith argues that Countrywide's admitted lack of interest in the property entitles him to quiet title as against them. The Court disagrees. In every Idaho case dealing with quiet title there is a controversy over ownership rights

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Idaho Law