Jackson v. Halls

2013 UT App 254, 314 P.3d 1065, 746 Utah Adv. Rep. 14, 2013 WL 5753806, 2013 Utah App. LEXIS 260
CourtCourt of Appeals of Utah
DecidedOctober 24, 2013
Docket20120913-CA
StatusPublished
Cited by2 cases

This text of 2013 UT App 254 (Jackson v. Halls) 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
Jackson v. Halls, 2013 UT App 254, 314 P.3d 1065, 746 Utah Adv. Rep. 14, 2013 WL 5753806, 2013 Utah App. LEXIS 260 (Utah Ct. App. 2013).

Opinion

Memorandum Decision

CHRISTIANSEN, Judge:

1 William C. Halls appeals from the district court's denial of his motion to compel delivery of the cash value of his homestead exemption in certain property executed upon by Lee Jackson; Action Investment Services, LLC; and International Petroleum, LLC (collectively, Plaintiffs). We reverse and remand.

T2 This case arises from Plaintiffs attempts to collect on a judgment obtained against Halls in a prior proceeding (the Judgment). In August 2008, Plaintiffs filed a complaint seeking to renew the unpaid portion of the Judgment and the district court entered default judgment against Halls. Plaintiffs obtained a writ of execution against Halls'® primary residence, and the sheriff set the sale for March 1, 2011. On January 28, 2011, Halls filed a declaration of homestead with the county recorder claiming a homestead exemption in that residence. See Utah Code Ann. § 78B-5-508(2) (LexisNexis Supp.2010) (providing for a portion of an individual's residence to remain exempt from execution or levy). In response to Halls exemption, Plaintiffs applied a $40,000 credit to the Judgment, 1 and the sheriff proceeded with the sale on March 1.

T3 At the sale, Halls requested that Plaintiffs tender a cash payment to him in the amount of his homestead exemption. Plaintiffs refused to pay cash based upon their position that erediting $40,000 toward the Judgment gave Halls "value" that satisfied the requirements of the homestead exemption. Plaintiffs were ultimately the successful bidders on Halls residence with a credit bid of $425,000 against the Judgment.

1 4 Thereafter, Halls filed a motion to compel Plaintiffs to deliver payment of his homestead exemption in cash rather than a credit against the Judgment. The district court denied Halls motion, agreeing with Plaintiffs that the $40,000 credit against the Judgment had satisfied Halls homestead exemption. Halls appeals.

15 Halls challenges the district court's interpretation of the exemption statute. We review a district court's statutory interpretation for correctness. Turner v. Staker & Parson Cos., 2012 UT 30, ¶ 7, 284 P.3d 600. Halls argues that because he filed a declaration of homestead on his residence prior to the execution sale, he was entitled to receive the amount of his exemption in cash *1067 from the proceeds of the sale and Plaintiffs were entitled only to the excess of the proceeds above the value of his exemption. We agree.

T6 The Utah Exemptions Act (the Act) creates a homestead exemption "consisting of property in this state in an amount not exceeding ... $20,000 in value if the property claimed is the primary personal residence of the individual." Utah Code Ann. § 78B-5-508(2)(a) (LexisNexis Supp.2010). The Act further provides, "Property that includes a homestead may not be sold at execution if there is no bid that exceeds the amount of the declared homestead exemption." Id. § 78B-5-504(5) (2008). Thus, a judgment creditor executing against a residence "is only entitled to receive those proceeds that do not impair the [debtor's] homestead exemption." Homeside Lending, Inc. v. Miller, 2001 UT App 247, ¶ 19, 31 P.3d 607. Accordingly, Halls was entitled to receive $20,000 from the proceeds of the sale on Plaintiffs bid of $425,000 before the remaining proceeds could be returned to Plaintiffs as the executing judgment creditor.

T7 Plaintiffs assert that because they satisfied their bid with a "eredit" or "judgment" bid-a bid satisfied with a credit against the judgment owed rather than a cash payment-there were no cash proceeds from the sale and Halls is therefore not entitled to delivery of his exemption as a cash payment. As a general rule, the sheriff may not accept payment at an execution sale on credit but must take payment from the successful bidder in cash. See 80 Am.Jur.2d Executions & Enforcement of Judgments § 425 (2005), 33 C.J.S. Executions § 380 (2009). However, where the executing creditor is also the sue-cessful bidder, many courts have held that the creditor may satisfy the bid with a credit against the judgment owed, rather than undertaking the "useless ceremony of handing money to the sheriff and then receiving it back from him." See Title & Trust Co. v. Security Bldgs. Corp., 284 P. 177, 178 (Or.1930) (citation and internal quotation marks omitted); see also Holden v. Cribb, 349 S.C. 132, 561 S.E.2d 634, 638 (App.2002) ("[Ilf the successful bidder is the judgment holder and is solely entitled to whatever sums may have been bid for the property, it would be senseless to require the bidder to pay cash."). See generally Citibank Fed. Sav. Bank v. New Plan Realty Trust, 131 Md.App. 44, 748 A.2d 24, 29 (Md.2000) (reviewing jurisdictions adopting the judgment bid exception). And it is "well established" in Utah that "if the trustee forecloses he ... may bid and take credit for his judgment." Chapman v. Schiller, 95 Utah 514, 83 P.2d 249, 255 (1938).

18 However, we do not agree with Plaintiffs' argument that because they satisfied their bid at the execution sale with a credit against the Judgment there were no proceeds of the sale from which Halls homestead exemption must be paid. Allowing the executing creditor to pay its winning bid by credit is merely a convenience to avoid the "useless ceremony" of payment to the sheriff by the very party which is entitled to receive the proceeds of the sale. See Title & Trust Co., 284 P. at 178. "The fact that the judgment creditor does not tender the cash to the sheriff ... is irrelevant and in no way alters the character of the transaction as a sale of property purchased with cash." Petrie v. General Contracting Co., 17 Utah 2d 408, 413 P.2d 600, 602 (1966) (Callister, J., dissenting from the majority's conclusion that an attorney entitled to one-third of a judgment as a contingency fee was entitled to a one-third ownership interest in property purchased with credit against that judgment). Moreover, payment of the full bid amount by such a credit is predicated on the successful bidder being "solely entitled to whatever sums may have been bid for the property." Holden, 561 S.E.2d at 638 (emphasis added).

T 9 Here, the sheriff's notice of sale provided that payment was to be made in cash. See 83 C.J.S. Executions § 380 (2009) ("Cash within the meaning of this rule generally means current legal tender or money. ..."). Plaintiffs submitted a successful bid of $425,000 for Halls residence and were entitled to the proceeds from that bid in excess of Halls homestead exemption of $20,000 and any other superior claims or fees associated with the sale. See Homeside, 2001 UT App 247, ¶ 19, 31 P.3d 607. While Plaintiffs may have properly satisfied some part of their bid with a credit against the Judgment, they *1068

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Bluebook (online)
2013 UT App 254, 314 P.3d 1065, 746 Utah Adv. Rep. 14, 2013 WL 5753806, 2013 Utah App. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-halls-utahctapp-2013.