State ex rel. Utah State Department of Social Services v. Santiago

HALL, Justice:

Defendants appeal from a summary judgment in favor of plaintiff foreclosing a Public Assistance lien on real property.

Both parties moved for summary judgment on stipulated facts which are abstracted as follows: In the 1950’s, Abraham and Francis Garcia, defendants’ predecessors in interest, entered into an oral rental and option to purchase agreement with one Meyer, the then owner of the property in question. If and when the Garcias opted to purchase, all rents were to be applied toward the purchase price which was to be determined at the time the option to purchase was…