U.S. Bank National Ass'n N.D. v. Citimortgage, Inc.

HORTON, Justice.

This appeal arises from a lieu priority dispute between U.S. Bank National Association (U.S.Bank) and CitiMortgage, Inc. (CitiMortgage) who each hold a deed of trust to real property owned by Herbert and Julie Thomas. The district court concluded that U.S. Bank lost its first priority position on the Thomas property after finding that CitiMortgage delivered a demand for reconveyance and U.S. Bank failed to release its deed of trust as required by Idaho Code section 45-1514. U.S. Bank appeals, contending that the district court misallocated the burden of proof, that testimony…