Capri Sunshine, LLC v. E & C Fox Investments, LLC, 2015 UT App 231 (Sept. 24, 2015)
Sep 24, 2015
In this foreclosure action, the prior lien holder (defendant) gave the subordinate lien holder (plaintiff) an inflated calculation of the amount required to pay off the prior lien. Defendant subsequently outbid the plaintiff at the sale. Plaintiff asserted that defendant’s inflation of the payoff and subsequent outbidding at its own foreclosure sale amounted to a substantive violation of Utah Code § 57-1-31 by depriving plaintiff of the opportunity to cure the default. The court of appeals declined to hold that a statutory right to redeem imposed upon defendant a duty not to inflate the payoff amount. Even if it did, no remedy is available that would set aside the valid trustee’s sale, as the beneficiary is not restricted from outbidding plaintiff at the subsequent sale.