McCulley v. American Land Title Co.

¶1 In 2006, Mary McCulley purchased a condominium (Condo) in downtown Bozeman, Montana, for $395,000. She sought a residential loan from Heritage Bank, predecessor to defendant U.S. Bank of Montana (hereinafter U.S. Bank or the Bank) for $300,000. American Land Title Company (ALTC) provided a Commitment for Title Insurance. McCulley signed a Promissory Note (Note) and signed a Deed of Trust (Deed) as collateral. The Deed indicated that the Condo was for “residential purposes only.” Subsequently, however, and purportedly without McCulley’s knowledge, ALTC changed the designated use of the…