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KELLY v. TIMBER LAKES PROP. OWNERS ASS'N

No. 20191079-CA.

507 P.3d 357 (2022)

2022 UT App 23

Nick KELLY, Appellant and Cross-appellee, v. TIMBER LAKES PROPERTY OWNERS ASSOCIATION, Appellee and Cross-appellant, and Hollyvale Rental Holdings LLC, Appellee.

Court of Appeals of Utah.

Filed February 17, 2022.

Attorney(s) appearing for the Case

Russell A. Cline , Salt Lake City, Attorney for Appellant and Cross-appellee

Jeremy C. Reutzel , James C. Dunkelberger , and Ryan M. Merriman , Salt Lake City, Attorneys for Appellee and Cross-appellant Timber Lakes Property Owners Association.

Todd W. Prall , Las Vegas, NV, Attorney for Appellee Hollyvale Rental Holdings LLC.

Judge Gregory K. Orme authored this Opinion, in which Judges Jill M. Pohlman and Diana Hagen concurred.

Opinion

¶1 To collect on past due assessments, Timber Lakes Property Owners Association (Timber Lakes) conducted a nonjudicial foreclosure on Nick Kelly's property, which Hollyvale Rental Holdings LLC purchased at auction. Following the sale, Kelly sought to set aside the trustee's deed to Hollyvale, arguing, among other...

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