Grazer v. Jones
2011 UT App 51
Utah Ct. App.2011Background
- Sheriff's sale of debtors' property occurred; Grazer purchased at credit bid of $191 for his client Grazer.
- Debtors assigned their redemption rights to the Olsen Trust on July 3–7, 2008.
- Olsen Trust attempted redemption on July 8, 2008 with assignment copy, $210 check payable to Grazer, and a certificate of redemption; Hobbs rejected.
- Olsen Trust again attempted redemption on July 10, 2008 after authorization; Hobbs rejected as not bona fide transfer and insufficient amounts; documents returned.
- Counsel for parties filed petitions for accounting and redemption price; district court found failure to comply with 20-day filing deadline under rule 69C(f), but allowed possibility of later determination of redemption.
- Grazer moved for partial summary judgment arguing First Redemption invalid for improper tender to wrong party and Second Redemption invalid for improper amount; Olsen Trust cross-moved seeking judgment that they substantially complied; court held substantial compliance standard applies and granted Olsen Trust partial summary judgment on First Redemption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial compliance suffices under Rule 69C(c). | Grazer: strict compliance required for 69C(c). | Olsen: substantial compliance suffices. | Substantial compliance adequate; district court's ruling affirmed. |
| Whether Olsen Trust's First Redemption Attempt substantially complied with Rule 69C(c). | Grazer: missing certified judgment copy and affidavit show failure. | Olsen: document deficiencies mirror Loosley; still substantial compliance. | Yes; First Redemption Attempt substantially complied. |
Key Cases Cited
- United States v. Loosley, 551 P.2d 506 (Utah 1976) (substantial compliance when no prejudice and value to lender)
- Tech-Fluid Servs., Inc. v. Gavilan Operating, Inc., 787 P.2d 1328 (Utah Ct.App. 1990) (substantial compliance framework for 69(f)(2))
- Springer v. Springer, 853 P.2d 888 (Utah 1993) (substantial compliance with redemption procedures; strict on redemption period)
- Huston v. Lewis, 818 P.2d 531 (Utah 1991) (strict compliance with six-month redemption period normally required)