APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

2DP Blanding, LLP v. Palmer, 2017 UT 62 (Sept. 6, 2017)

Sep 6, 2017

A buyer purchased the property at issue at a foreclosure sale resulting from an order authorizing the sale entered in a prior proceeding.  The original owner had appealed that order but did not seek to stay it pending appeal, and the sale occurred while the appeal was pending.  In the present case, the Utah Supreme Court held that the buyer did not take the property subject to the resolution of the first appeal.  “[A]n appellant who takes no action to preserve his interests in property at issue on appeal has no recourse against a lawful third-party purchaser.”