Fitzgerald v. Spearhead Investments, LLC
| Docket Number | 20190644 |
| Decision Date | 22 July 2021 |
The Supreme Court held that the equitable estoppel doctrine offers a discrete basis for tolling a statute of limitations in Utah
Owners executed a trust deed note with Alpine East Investors, LLC for certain property and promised to pay the note in full within two years. The promise was not fulfilled. After the foreclosure limitations period had expired, Owners sought to enjoin Alpine East from foreclosing its trust deed on the property and a determination that Alpine East had no valid...
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3 cases
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WDIS, LLC v. Hi-Country Estates Homeowners Ass'n
...consider the arguments the HOA makes on appeal that relate to whether the Landowners ratified the covenants.7 Fitzgerald v. Spearhead Invs., LLC , 2021 UT 34, ¶ 11, 493 P.3d 644.8 Id. (citation omitted).9 Id.10 2008 UT 37, ¶¶ 15, 17, 189 P.3d 51.11 Id. ¶ 18 (citations omitted).12 Id. ¶ 21.1......
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WDIS, LLC v. Hi-Country Estates Homeowners Ass'n, Phase II
...that relate to whether the Landowners ratified the covenants. [7] Fitzgerald v. Spearhead Invs., LLC, 2021 UT 34, ¶ 11, 493 P.3d 644. [8] Id. (citation omitted). [9] Id. [10] 2008 UT 37, ¶¶ 15, 17, 189 P.3d 51. [11] Id. ¶ 18 (citations omitted). [12] Id. ¶ 21. [13] "A real estate covenant i......
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Daniels v. Deutsche Bank Nat'l Trust & Ocwen Loan Servicing LLC
...statement, admission, act, or failure to act, but also that ... [its] action or inaction was reasonable." Fitzgerald v. Spearhead Invs., LLC , 2021 UT 34, ¶ 28, 493 P.3d 644 (quotation simplified). According to the record, Homeowners’ final request for mortgage modification was submitted in......