Earls v. Chase Bank of Texas, N.A.

¶1 Defendant and Appellant, Chase Bank, appeals from the First Judicial District Court’s grant of summary judgment to Respondent Lynn Earls, as well as the Court’s grant of an injunction against the enforcement of a deed of trust held by Chase Bank. We affirm.

¶2 The following issues are raised on appeal:

¶3 (1) Whether the Montana legislature’s repeal of § 70-32-221(1), MCA, in October 2001 precluded the District Court from asserting subject matter jurisdiction over Earls’ declaratory judgment action;

¶4 (2) Whether Saxon Mortgage, Inc., was required, as a regulated lender, to secure from Earls…