BMBT, LLC v. Miller

Memorandum Decision

DAVIS, Judge:

¶ 1 BMBT, LLC challenges the trial court’s ruling granting Defendants’ rule 12(b)(6) motion to dismiss for failure to state a claim. See Utah R. Civ. P. 12(b)(6). We affirm.

¶ 2 On December 1, 2003, Defendants Christopher L. Miller and Gae 0. Miller executed a promissory note (the Note) in favor of BMBT as consideration for a $60,000 loan. As security for the loan, the Millers granted BMBT a “security interest” in certain property located in Lehi, Utah (the Property). On the same day, the Millers signed a quitclaim deed (the Deed) in favor of BMBT, purporting to…