APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Brimhall v. Ditech Financial, LLC, 2021 UT App 34 (Apr. 1, 2021)

Apr 1, 2021

After defaulting on their mortgage loan and their property being sold at a trustee’s sale, the plaintiffs sued the defendant, claiming they had submitted a complete application for mortgage relief and were negotiating foreclosure relief, which precluded the foreclosure sale.  The court of appeals rejected the plaintiffs’ “serial-application reading” of Utah Code § 57-1-25(1) that would “allow a borrower in default to submit multiple applications for foreclosure relief, each time retriggering the statutory notice requirements and potentially preventing a servicer from scheduling a trustee’s sale due to the pending application for foreclosure relief.”