Avco Financial Services, Inc. v. Johnson

WILKINS, Justice:

These appeals are consolidated as they arise out of the same transaction, though brought in two separate actions in the Third District Court, one in Tooele County and the other in Salt Lake County. The actions involve foreclosures of mortgages on real property located in those counties, securing three separate promissory notes. Defendants admitted execution of the notes, delinquency, and notice of delinquency, but raised affirmative defenses of duress and insufficiency of consideration. Plaintiffs filed motions for summary judgment in each action, and defendants responded…