Ruby Valley National Bank v. Wells Fargo Delaware Trust Co.

¶28 I dissent. The Court declines to address the status of MERS as the purported beneficiary of the Deed of Trust later assigned to Wells Fargo. Opinion, ¶ 4 n. 1. The parties have not challenged the validity of the beneficiary designation. Questions of standing, however, must be addressed even if not raised by a litigant. Dick Anderson Constr., Inc. v. Monroe Constr. Co., 2009 MT 416, ¶ 46, 353 Mont. 534, 221 P.3d 675. Standing is a jurisdictional requirement. Heffernan v. Missoula City Council, 2011 MT 91, ¶ 29, 360 Mont. 207, 255 P.3d 80. A court does not have the power to resolve a case…