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MACHOCK v. FINK

No. 20041014.

137 P.3d 779 (2006)

2006 UT 30

Joseph MACHOCK, Plaintiff and Respondent, v. Carl William FINK, Defendant and Petitioner, v. John Harmer, Third-Party Defendant.

Supreme Court of Utah.

May 16, 2006.

Attorney(s) appearing for the Case

Paul D. Veasy, Angie Nelson, Salt Lake City, for plaintiff.

R. Stephen Marshall, David W. Tufts, Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals.

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case, we consider a provision of the Utah Trust Deed Act ("UTDA") that gives a creditor three months to file a deficiency action after foreclosure of a trust deed. Respondent Joseph Machock made a loan to John Harmer that was secured by a junior trust deed to Harmer's home. Petitioner Carl Fink guaranteed payment on the loan. When Harmer defaulted, Machock...

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