PHH Mortgage Services Corp. v. Perreira

EISMANN, Chief Justice.

This is an appeal from a partial judgment ejecting the defendants from real property sold at a foreclosure sale and dismissing some of the counterclaims of two defendants. Because there are issues of fact as to whether the plaintiff was the owner of the property and one of the defendants was not served with a summons and complaint, we vacate the judgment.

I. FACTS AND PROCEDURAL HISTORY

On March 12, 1999, Timothy and Anna Perreira (Perreiras) and Anna’s mother, Mavis A. Anestos (Anestos), purchased a parcel of land in Minidoka County. In connection with that purchase,…