EXCESS PROCEEDS FROM FORECLOSURE OF PROP.

No. 20190257-CA.

474 P.3d 481 (2020)

2020 UT App 54

IN RE EXCESS PROCEEDS FROM the FORECLOSURE OF PROPERTY LOCATED AT 1107 SNOWBERRY STREET, PARK CITY, Utah Ocean 18 LLC; and Amir Hechter, Appellants, v. Overage Refund Specialists LLC; and Brian Dowd, Appellees.

Court of Appeals of Utah.

Petition for Rehearing Denied May 26, 2020.


Attorney(s) appearing for the Case

Troy L. Booher , Beth E. Kennedy , Salt Lake City, and Kenyon D. Dove , Attorneys, Ogden, for Appellants.

R. Spencer MacDonald , Provo and Elizabeth M. Peck , Salt Lake City, Attorneys, for Appellees.

Judge Ryan M. Harris authored this Opinion, in which Judges Kate Appleby and Diana Hagen concurred.


Opinion

¶1 In 2006, a property owner (Owner) borrowed $500,000 from Instant Mortgage Lending, Inc. (IML); the loan was memorialized in a promissory note in favor of IML. The parties intended the loan to be secured by a deed of trust on Owner's home (the Property), but on the first page of the deed (Trust Deed), Instant...

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