Legal Question in Real Estate Law in Utah

I have a property located in Utah that went to trustee sale over two years ago. There was a first and second purchase money mortgage. The first lien holder purchased the property at trustee sale over two years ago and the second lien was wiped out. There was not a notice of deficiency filed within the 3 month period as per UT law. The second lien holder is now trying to come back and sue for the entire balance of the note even though the property sold at trustee sale because they are stating that it is still due even though it was tied to collateral with a Trust Deed and Note in second position. Is this within the confines of the law?


Asked on 4/13/10, 11:01 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Yes, because the second was never paid. You will have to pay the debt, negotiate a settlement or file for bankruptcy.

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Answered on 4/19/10, 9:20 am


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