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Foreclosure case hinges on definition of ‘located’
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Court Report
Wednesday, October 24, 2018
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After a woman with property in Utah fell behind on mortgage payments, the trustee on the deed of trust elected to sell the property. After the sale, the owner refused to leave and the purchaser filed suit to force her to vacate. The owner petitioned for interlocutory review by the Utah Supreme Court, arguing that the sale was invalid because the trustee, a national bank based in Texas, couldn’t act as a trustee under Utah law. The court then had to determine where the bank was located to continue the case. Read on for more details.
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