Van Leeuwen v. Bank of America NA

Memorandum Decision

ROTH, Judge:

¶1 Michael J. Van Leeuwen appeals the district court’s dismissal of his complaint under rule 12(b)(6) of the Utah Rules of Civil Procedure. We reverse the district court’s dismissal order and remand for further proceedings.

BACKGROUND 1

¶2 In December 2005, Van Leeuwen executed a deed of trust on certain real property (the Property) securing a promissory note for a loan he had received from Intermountain Mortgage Company Inc. (In-termountain). The trust deed named Mortgage Electronic Registration Systems Inc. (MERS), the nominee of Intermountain, as “the…