Basin Loans, Inc. v. Young

764 P.2d 239, 95 Utah Adv. Rep. 23, 1988 Utah App. LEXIS 175, 1988 WL 122611
CourtCourt of Appeals of Utah
DecidedNovember 14, 1988
DocketNo. 880082-CA
StatusPublished
Cited by2 cases

This text of 764 P.2d 239 (Basin Loans, Inc. v. Young) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Basin Loans, Inc. v. Young, 764 P.2d 239, 95 Utah Adv. Rep. 23, 1988 Utah App. LEXIS 175, 1988 WL 122611 (Utah Ct. App. 1988).

Opinion

OPINION

BENCH, Judge:

Defendant Merle Young appeals from entry of summary judgment granting plaintiff Basin Loans, Inc. possession of a horse trailer. Defendant claims that plaintiff failed to perfect its lien on a horse trailer she bought at a sheriff’s sale, thus leaving the trailer free of any lien. We affirm the summary judgment.

The events relevant to this dispute began in October 1980, when the Motor Vehicle Division (Division) of the Utah State Tax Commission issued a certificate of title to Scott Jesson for a “1980 WW horse trailer, vehicle identification number (VIN) 84057.” In February 1982, plaintiff loaned Jesson $5,576 and received a security interest in the horse trailer. A hew title listing plaintiff as first lienholder was then issued by the Division.

On May 5, 1983, the horse trailer was sold by the Uintah County Sheriff in satisfaction of a judgment against Jesson. The praecipe identified the vehicle as “one white four horse trailer, VIN 084057,” and the sheriff’s return identified it as a “horse trailer.” Defendant Young purchased the trailer at the sheriff’s sale for the sum of $50. She subsequently applied for, and received, a new certificate of title. Based upon information furnished by defendant in her application, the new title described the trailer as a “1977 specially constructed [240]*240horse trailer, VIN 084057;” no lienholder was shown. Defendant submitted supporting documentation in her application for title consisting of the praecipe, sheriffs return, execution of judgment, and an indemnification agreement with a verification by a peace officer.

Plaintiff later learned the trailer had been sold to defendant. Shortly thereafter, Jesson defaulted on his loan and plaintiff attempted to enforce its lien. Defendant Young refused to deliver possession of the horse trailer, and plaintiff instituted suit.

The parties agreed that the horse trailer inconsistently described on the various title documents is, in fact, the same vehicle, although they could not agree on the reason for the inconsistent descriptions. The trial court dismissed defendants Utah State Tax Commission and Uintah County from the action and granted plaintiffs motion for summary judgment. Defendant Young appeals the summary judgment against her.

The trial court found that the horse trailer was sold at a sheriffs sale in conformance with the provisions of Utah R.Civ.P. 69. Subsection (e)(5) of that rule states:

When the purchaser of any personal property pays the purchase money, the officer making the sale shall deliver the property to the purchaser ... and shall execute and deliver to him a certificate of sale and payment. Such certificate shall state that all right, title and interest which the debtor had in and to such property on the day the execution or attachment was levied, and any right, title and interest since acquired, is transferred to the purchaser.

Utah R.Civ.P. 69(e)(5) (emphasis added).

Thus, a buyer at a sheriffs sale acquires “only such interest as the judgment debtor had in the property sold.” Romero v. State, 97 N.M. 569, 642 P.2d 172, 176 (1982). It follows that if the interest of the judgment debtor is encumbered by a lien, the buyer takes subject to that lien. This is consistent with Kimball v. Salisbury, 19 Utah 161, 56 P. 973 (1899): “The rule of caveat emptor applies to purchases at judicial sales, and the purchaser of said property [takes] it subject to all the infirmities of the proceedings of the sale.” Id. 56 P. at 977. See also Lebrecht v. Beckett, 96 Ariz. 389, 396 P.2d 13 (1964); Viersen v. Boettcher, 387 P.2d 133 (Okla.1963).

Defendant does not dispute this reasoning, but argues that plaintiff failed to perfect its lien on the horse trailer. Defendant further claims that she was a bona fide purchaser for value in that she paid value and had no notice of an adverse claim. As a bona fide purchaser for value, defendant argues that she took the horse trailer free and clear of any lien. We disagree. The record contains ample evidence that plaintiff perfected its lien and that defendant had constructive notice of it.

Defendant claims three defects prevented perfection of the lien: 1) the actual VIN is 084057, not 84057; 2) the horse trailer is actually a 1977, not 1980, model year trailer; and 3) Jesson’s title application had no notation that the horse trailer had been specially constructed, as required by Utah Code Ann. § 41-1-22 (1988).

Generally, perfection of a lien on motor vehicles not in a dealer’s inventory is governed exclusively by the filing and title provisions of the Motor Vehicle Act. Draper Bank and Trust Co. v. Lawson, 675 P.2d 1174, 1177 (Utah 1983). An examination of these provisions, now Utah Code Ann. § 41-1-80 to -87.5 (1988)

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Bluebook (online)
764 P.2d 239, 95 Utah Adv. Rep. 23, 1988 Utah App. LEXIS 175, 1988 WL 122611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/basin-loans-inc-v-young-utahctapp-1988.