Trotter v. Bank of New York Mellon

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION

HORTON, Justice.

Vermont Trotter (Trotter) is a homeowner in default on his home loan. ReconTrust, the trustee appointed by the beneficiary of the deed of trust, notified Trotter of the default and initiated a nonjudicial foreclosure on the deed of trust pursuant to I.C. § 45-1505. Upon receiving notice of the trustee’s sale, Trotter sued ReconTrust, Mortgage Electronic Registration Systems, Inc. (MERS), and Bank of New York Mellon. Trotter’s complaint alleged that none of the defendants 1 had standing to initiate a foreclosure under I.C. § 45-1505.…