Empire Land Title, Inc. v. Weyerhaeuser Mortgage Co.

OPINION

DAVIDSON, Judge:

This case involves a dispute over an invalid mortgage assumption agreement. In March 1982, the mortgage foreclosure department of Weyerhaeuser Mortgage Company (“Weyerhaeuser”) initiated foreclosure proceedings on a tract of land located in American Fork, Utah.1 Weyerhaeu-ser successfully completed the foreclosure and received a trustee’s deed evidencing ownership. In August 1982, Weyerhaeu-ser’s assumption department, not knowing that its foreclosure department had previously foreclosed the property, entered into negotiations with a potential purchaser. At that time,…