Legal Opinion
Garrett v. ReconTrust Company, N.A.
Court of Appeals for the Tenth Circuit
Decided September 19, 2013No. 12-4060UnpublishedCited by 5 opinions
1Opinion of the Court
ORDER AND JUDGMENT *
DAVID M. EBEL, Circuit Judge.
Garry Garrett appeals the dismissal of his Utah state-law claims related to the nonjudicial foreclosure sale of his Utah residence by Defendant-Appellee Recon-Trust Company, N.A. (“Recon”). Garrett contends that Utah law prohibited Recon, a national bank with no offices in Utah, from conducting a nonjudicial foreclosure sale in that state under circumstances in which designated state entities are permitted to do so. See Utah Code Ann. §§ 57-1-21 & 57-1-23. However, under the applicable federal banking statute, 12 U.S.C. § 92a(a) & (b) (the…
2Cases cited14 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Auer v. RobbinsSupreme Court of the United States · 1997
- Gee v. PachecoCourt of Appeals for the Tenth Circuit · 2010
- Clarke v. Securities Industry Assn.Supreme Court of the United States · 1987
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3Cited by5 opinions
- Bank of America v. AdamsonUtah Supreme Court · 2017
- Dutcher v. MathesonCourt of Appeals for the Tenth Circuit · 2016
- Dutcher v. MathesonDistrict Court, D. Utah · 2014
- Dutcher v. MathesonCourt of Appeals for the Tenth Circuit · 2016
- Dutcher v. MathesonCourt of Appeals for the Tenth Circuit · 2016