ACI Northwest, Inc. v. Monument Heights, LLC

January 24, 2015 by Justia

This appeal centered on the attempted foreclosure of two mechanic's liens on property encumbered by deeds of trust. In "ParkWest Homes, LLC v. Barnson," 302 P.3d 18 (2013) (ParkWest II), the Idaho Supreme Court held that an action to foreclose a mechanic's lien on property encumbered by a deed of trust must "name the trustee who holds legal title to the property" within the six-month statutory limitation to lien enforcement. Appellant ACI Northwest Inc. challenged the holding from ParkWest II after the district court determined that ACI lost its mechanic's liens for failing to name the trustees in its foreclosure action against Respondents Monument Heights LLC, Dan Jacobson, Sage Holdings LLC, Steven Lazar, the Mitchell Martin and Karen C. Martin Family Trust dated August 9, 2005, Devon Chapman, HLT Real Estate LLC, Anthony St. Louis, Andrea Stevens, and Lilly Properties Inc. (collectively "the Monuments Heights group"). Due to this determination, the district court granted summary judgment in favor of the Monuments Heights group. ACI appeals to this Court. Finding no reason to disturb the holding in ParkWest II, and finding no reversible error in the trial court's decision in this case, the Supreme Court affirmed. View "ACI Northwest, Inc. v. Monument Heights, LLC" on Justia Law