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Bank of America v. Adamson 2017 UT 2 (Jan. 11, 2017)

Jan 11, 2017

The Utah Supreme Court answered the question left open in Federal National Mortgage Association v. Sundquist, as to the appropriate remedy for a violation of Utah Code § 57-1-21, which requires a trustee of a nonjudicial foreclosure sale to maintain an office within the state of Utah.  In doing so, the Court distinguished between void, voidable, and valid trustee’s deeds.  Because the defendants had not presented any evidence the trustee’s deeds violated public policy, the district court erred in holding that it was void.  And, because the defendants had not shown that they suffered prejudice as a result of Recon Trust’s failure to have an in-state office, the trustee’s deed was valid, not voidable.