First National Bank v. Burgess

WINMILL, Judge, Pro Tem.

This is an appeal from a decision of the district court granting summary judgment to First National Bank of North Idaho, N.A., in its action to foreclose three mortgages on property owned by the defendant, Thomas F. Burgess. In granting summary judgment, the court rejected Burgess’s sole defense that he was discharged from liability on the notes secured by the mortgages because of the Bank’s impairment of collateral. Burgess challenges this determination. Burgess also argues that the district court erred in entering a decree of foreclosure, while retaining jurisdiction…