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HOMESIDE LENDING, INC. v. MILLER

No. 991056-CA.

31 P.3d 607 (2001)

2001 UT App 247

HOMESIDE LENDING, INC., a Florida corporation, Appellant and Cross-Appellee, v. Charles M. MILLER; Kathy L. Miller; and Transworld Systems, Inc., dba Credit Management Services of Colorado, a California corporation, Appellees and Cross-Appellants.

Court of Appeals of Utah.

August 16, 2001.

Attorney(s) appearing for the Case

Bruce A. Maak, Parr Waddoups Brown Gee Loveless, Salt Lake City, for Appellant.

Mona Lyman Burton, McKay Burton & Thurman and Richard C. Terry, Cobridge Baird & Christensen, Salt Lake City, for Appellees.

Before Judges GREENWOOD, DAVIS, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Appellant Homeside Lending, Inc. (Homeside) and cross-appellants Charles and Kathy Miller (the Millers), appeal from the trial court's Judgment Determining Priority and Extent of Liens in Real Property. We affirm in part and reverse in part.

BACKGROUND

¶ 2 In 1982, the Millers entered into a uniform real estate contract with Commercial Security Bank (CSB) to purchase a parcel of real estate (the Property...

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