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FRANKLIN CREDIT MANAGEMENT CORP. v. HANNEY

No. 20100228-CA.

262 P.3d 406 (2011)

2011 UT App 213

FRANKLIN CREDIT MANAGEMENT CORPORATION, Plaintiff, Appellant, and Cross-appellee, v. Blaine J. HANNEY and The Hanney Family Trust, Defendants, Appellees, and Cross-appellants.

Court of Appeals of Utah.

June 30, 2011.

Attorney(s) appearing for the Case

Laura S. Scott and Matthew D. Cook , Salt Lake City, for Appellant.

Brad C. Smith , Ogden, for Appellees.

Before Judges McHUGH, ORME, and VOROS.

OPINION

VOROS, Judge:

¶ 1 Using a forged power of attorney, Shirley Hanney mortgaged the family home without her husband Blaine J. Hanney's knowledge. When she defaulted on the payments, Franklin Credit Management Corp., standing in the shoes of the lender, Bank One, brought suit. The trial court ruled that the trust deed on the home was void. Franklin Credit appeals. We affirm in part and reverse in part.

BACKGROUND

¶ 2 Blaine...

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