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CITY CONSUMER SERVICES, INC. v. PETERS

No. 880453.

815 P.2d 234 (1991)

CITY CONSUMER SERVICES, INC., a New Jersey corporation, Plaintiff and Appellee, v. Vera Hess PETERS, Defendant and Appellant.

Supreme Court of Utah.

May 8, 1991.

Attorney(s) appearing for the Case

J. Scott Lundberg, Sally B. McMinimee, Salt Lake City, for plaintiff and appellee.

Ephraim H. Fankhauser, Salt Lake City, for defendant and appellant.

Scott H. Clark, James S. Jardine, Douglas M. Monson, Stephen C. Tingey, Salt Lake City, for amicus curiae Utah Bankers Ass'n.

William A. Meaders, Jr., Salt Lake City, for amicus curiae Utah League of Insured Sav.

Bruce L. Richards, Salt Lake City, for amicus curiae Utah League of Credit Unions.

HOWE, Associate Chief Justice:

Defendant Vera Peters appeals from a summary judgment in favor of a nonforeclosing junior lienholder, plaintiff City Consumer Services. City sued Peters on her promissory note after the real property securing the note had been exhausted by a senior lienholder's foreclosure action. The main issue presented is whether a debtor may invoke Utah Code Ann. § 78-37-1, the "one action rule," to bar a nonforeclosing junior lienholder from...

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