Legal Opinion
Capital Assets Financial Services v. Jordanelle Development, LLC
Court of Appeals of Utah
Decided December 23, 2010No. 20100159-CAPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
VOROS, Judge:
€ 1 This case involves the nonjudicial foreclosure of a third-position trust deed. The appeal asks whether "fair market value" as used in Utah's deficiency statute refers to the fair market value of the unencumbered property or the fair market value of the property as encumbered by prior liens. We conclude that it refers to the latter.
T2 Defendants Jordanelle Development, LLC and Bruce Riches (collectively, Owners) owned property in Summit County, Utah. Plaintiff Capital Assets Financial Services (Lender) held a trust deed on the property. Lender's trust deed…
2Cases cited7 opinions
- Daniels v. Gamma West Brachytherapy, LLCUtah Supreme Court · 2009
- Brown v. Division of Water Rights of the Department of Natural ResourcesUtah Supreme Court · 2010
- City Consumer Services, Inc. v. PetersUtah Supreme Court · 1991
- MacHock v. FinkUtah Supreme Court · 2006
- Utah Department of Transportation v. Rayco Corp.Utah Supreme Court · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Reynolds v. WoodallCourt of Appeals of Utah · 2012
- Antion Financial, LC v. ChristensenCourt of Appeals of Utah · 2013