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Utah County strikes tax‑sale protest item after bank agrees to seek excess proceeds in court
Summary
Facing an unnotified trustee and excess proceeds from an undivided-interest tax sale, commissioners voted 2–0 to strike item 18 after the protesting trustee said the credit union would petition the court for excess funds and withdraw its protest if those funds satisfy its lien.
Utah County commissioners voted 2–0 to strike a tax‑sale protest hearing after the protesting trustee said the creditor would pursue excess proceeds through the courts rather than press the county to set aside the sale.
The protest involved a property sold as an undivided interest that generated excess proceeds. County staff and counsel acknowledged the county did not notify the recorded trustee of the trust deed, an omission that ordinarily supports overturning a sale. County counsel advised the commission that, under the county’s new ordinance on excess proceeds, the party seeking funds must petition the Fourth District Court for an order releasing those proceeds.
Why it matters: the court petition process determines whether excess proceeds can be disbursed to satisfy liens before ownership transfers are finalized. If excess proceeds are available and a court orders payment, the credit…
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