Pyper v. Bond
2011 UT 45
| Utah | 2011Background
- In 2002 Pyper hired Bond to represent him in a probate matter; Law Firm charged $9,064.82 for Bond's services, which Pyper did not pay.
- The Law Firm sued Pyper and obtained a 2006 judgment for $10,577.23; a lien was filed against Pyper's house to satisfy the debt.
- A sheriff's sale in November 2006 auctioned Pyper's home, Bond being the sole bidder, at a bid of $329.
- In 2007 Pyper sought to redeem by offering to pay $8,500, but the Firm failed to provide payoff information or respond to Pyper's requests; redemption period approached its expiration.
- May 2007 saw the deed to Pyper's home transfer to Bond; after the 180-day redemption period expired, Pyper sought to set aside the sale; the district court found gross inadequacy of price and slight unfairness and vacated the sale.
- Bond and Dorius appealed; the Utah Court of Appeals affirmed, agreeing there was gross price inadequacy and at least slight unfairness, justifying setting aside the sale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard for setting aside sheriff's sale. | Pyper contends the standard is not broadened beyond prior cases. | Bond and Dorius contend Huston requires a compelling equity standard shifting to a higher threshold. | Court held that gross inadequacy plus slight unfairness may justify setting aside. |
| Whether conduct amounted to slight unfairness. | Pyper argues the conduct showed unfairness during redemption. | Bond and Dorius argue there was no undue unfairness. | Court affirmed that the conduct amounted to at least slight unfairness. |
Key Cases Cited
- Pender v. Dowse, 265 P.2d 644 (Utah 1954) (great price inadequacy with unfairness justifies setting aside)
- Young v. Schroeder, 37 P.2d 252 (Utah Terr. 1894) (great inadequacy of price requires only slight unfairness for fraud presumption)
- Huston v. Lewis, 818 P.2d 531 (Utah 1991) (equity may extend redemption or set aside sale when equities are compelling)
- J.A. Mollerup v. Storage Sys. Int'l, 569 P.2d 1122 (Utah 1977) (recognizes additional bases for relief in sheriff's sales and related contexts)