Bailey v. Deseret Federal Savings & Loan Ass'n

DURHAM, Justice:

The plaintiff, a mechanic’s lien holder and assignee of a second position trust deed, filed a complaint with the federal bankruptcy court asking the court to stay a *804trustee’s sale which was to be conducted by the defendant Deseret Federal Savings and Loan as holder of the first position trust deed. The bankruptcy court dismissed the plaintiffs complaint and allowed the defendant to proceed with the trustee’s sale. The plaintiff then filed an action in Utah district court requesting that he be awarded the excess sale proceeds over the amount due the defendant by virtue of its…