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LARSON v. OVERLAND THRIFT AND LOAN

No. 900411-CA.

818 P.2d 1316 (1991)

Dale L. LARSON; Grethe Larson; and Systematic Builders, Inc., Plaintiffs and Appellants, v. OVERLAND THRIFT AND LOAN; Linda D. Milne; and Western Surety Company, Defendants and Appellees.

Court of Appeals of Utah.

October 17, 1991.

Attorney(s) appearing for the Case

Joseph H. Bottum and David W. Brown, Salt Lake City, for plaintiffs and appellants.

Jeffrey M. Jones, Michael L. Dowdle, and Robert Payne, Salt Lake City, for defendant and appellee Overland Thrift and Loan.

Joseph Dunbeck, Salt Lake City, for defendants and appellees Milne, and Western Sur.

Before BENCH, GREENWOOD and JACKSON, JJ.

OPINION

BENCH, Presiding Judge:

A deed of trust was recorded on the Larsons' home in favor of Overland Thrift and Loan (Overland) as additional security for the lease financing of industrial equipment. The lease went into default and Overland repossessed the equipment and initiated foreclosure on the home. The Larsons sued to rescind the trust deed and to enjoin the foreclosure sale. The district court granted...

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