Martin v. Kearl

OPINION

JACKSON, Judge:

Clayton and Nita Kearl challenge the trial court’s ruling for Western Mortgage and Realty Company (Western)1 on Western’s motion for summary judgment. We reverse.

FACTS

The Kearls owned a parcel of land at 965 East New Hope Drive in Draper. In 1980, to secure a loan by Utah Firstbank (bank), they gave the bank a deed of trust encumbering the parcel. However, the property description on the deed of trust excluded a strip of land about twenty-five feet wide along the western side of the parcel (twenty-*92five-foot strip). The bank later foreclosed and bought the property as…