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EMPIRE LAND TITLE v. WEYERHAEUSER MORTG.

No. 890171-CA.

797 P.2d 467 (1990)

EMPIRE LAND TITLE, INC., aka Empire Title Company, Plaintiff and Appellee, v. WEYERHAEUSER MORTGAGE COMPANY, Defendant and Appellant.

Court of Appeals of Utah.

August 31, 1990.

Attorney(s) appearing for the Case

Donald J. Winder and Lincoln W. Hobbs (argued), Winder & Haslam, P.C., Salt Lake City, Attorneys at Law for defendant and appellant.

Thomas W. Seiler (argued), Mark F. Robinson, and Claude E. Zobell, Jr., Robinson, Seiler & Glazier, Provo, for plaintiff and appellee.

Before BENCH, DAVIDSON and ORME, JJ.

OPINION

DAVIDSON, Judge:

This case involves a dispute over an invalid mortgage assumption agreement. In March 1982, the mortgage foreclosure department of Weyerhaeuser Mortgage Company ("Weyerhaeuser") initiated foreclosure proceedings on a tract of land located in American Fork, Utah.1 Weyerhaeuser successfully completed the foreclosure and received a trustee's deed evidencing ownership. In August 1982, Weyerhaeuser's assumption...

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