Dyck-O’Neal, Inc. v. Wilson2014 UT App 173, 332 P.3d 380
Jul 29, 2014
The Utah Court of Appeals reversed and remanded a summary judgment that was improperly granted to a creditor seeking a deficiency judgment on a debt secured by a deed of trust. The creditor sued for breach of contract but failed to present facts to establish that its claim was not barred by the one-action rule. The court held that the creditor was not entitled to pursue a breach of contract claim for a debt secured by a deed of trust unless it first established that it was an unsecured junior creditor having lost its security interest when a senior creditor foreclosed on the property.