Turtle Talk

Here are the materials in Citizens Bank v. Wellman (D. Mont.):

Wellman Motion for Summary Judgment

Citizens Motion for Summary Judgment

Citizens DCT Order

Interesting procedural history, though not pretty:

On March 9, 2000, Citizens instituted a mortgage foreclosure proceeding against Wellman in the Blackfeet Tribal Court. Judgment was entered in favor of Plaintiffs on December 31, 2001. Sale of the mortgaged property, War Bonnet Inn, was ordered. Wellman appeal. On March 16, 2005, the Blackfeet Court of Appeals affirmed the judgment and ordered foreclosure sale to proceed without further delay. Sale was carried out on May 31, 2005. Citizens purchased the property.

On June 13, 2005, the Blackfeet Tribal Business Council (Council), through Resolution E2005-111, stepped in and stayed foreclosure proceedings. Citizens then brought the original, and later dismissed, action for recognition and enforcement in this Court. Dismissal was grounded in unresolved issues raised by the Council’s stay.

On December 15, 2008, the Council passed Resolution 85-2009 which rescinded Resolution E2005-111, declared the Council’s recognition of the Judgment entered by the Tribal Court and affirmed by the Blackfeet Court of Appeals as final, and lifted any stay placed on the May 31, 2005 sale of the War Bonnet Inn. The present action was commenced on August 12, 2009.