Max and Peggy Espeland, Appellants v. Onewest Bank, Fsb; Indymacfederal Bank, Fsb; Indymac Mortgage Services; And…

Summary

The Alaska Supreme Court affirmed summary judgment for the defendants in a non-judicial foreclosure dispute because the Espelands presented no admissible evidence of defects in the loan transfers, chain of title, or foreclosure authority. The court also upheld exclusion of a late and unreliable expert declaration, concluded that the RESPA claim could not be heard without exhaustion of administrative remedies, held certain sale-related arguments waived, and affirmed denial of Rule 60(b) relief for failure to show fraud by clear and convincing evidence.