MARROW vs BANK OF AMERICA | This just in ... State of Montana ... against Bank of America
DA 13-0241 IN THE SUPREME COURT OF THE STATE OF MONTANA 2014 MT 117
ABRAHAM B. MORROW and BETTY JEAN MORROW, Plaintiffs and Appellants, v. BANK OF AMERICA, N.A., BAC HOME LOANS SERVICING, LP, fka COUNTRYWIDE HOME LOANS SERVICING, LP, Defendants and Appellees. APPEAL FROM: District Court of the First Judicial District, In and For the County of Lewis and Clark, Cause No. CDV 2011-491 Honorable Kathy Seeley, Presiding Judge Chief Justice Mike McGrath delivered the Opinion of the Court. ¶1 Abraham B. Morrow and Betty Jean Morrow appeal from an order of the First Judicial District Court, Lewis and Clark County, granting Defendant Bank of America’s motion for summary judgment. We affirm in part, reverse in part, and remand. ¶2 The following issues are presented for review: ¶3 Issue One: Whether the District Court erred in finding the Morrows failed to establish the existence of an oral contract for modification of their loan. ¶4 Issue Two: Whether the District Court erred in finding that Bank of America owed no common law or fiduciary duty to the Morrows. ¶5 Issue Three: Whether the District Court erred in granting summary judgment to Bank of America on the Morrows’ claim of negligent misrepresentation. ¶6 Issue Four: Whether the District Court erred in finding that the Statute of Frauds precluded the Morrows’ claims of actual fraud, constructive fraud, and violations of the Montana Consumer Protection Act. ¶7 Issue Five: Whether the District Court erred in granting summary judgment to Bank of America on the Morrows’ claim of actual fraud. ¶8 Issue Six: Whether the District Court erred in granting summary judgment to Bank of America on the Morrows’ claim of constructive fraud. ¶9 Issue Seven: Whether the District Court erred in granting summary judgment to Bank of America on the Morrows’ claim under the Montana Consumer Protection Act.