Mark R. and Diane R. Webb - Page 6

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               In September 1988, a Utah State court rendered judgment in             
          favor of Citizens and against the debtors in the amount of                  
          $634,426.53, which included principal, interest, attorney's fees,           
          taxes, and court costs.  The judgment recognized the mortgage,              
          lien, and privilege on the subject real estate and ordered the              
          sale of the property and application of the proceeds toward                 
          satisfaction of the judgment.  Pursuant to the judgment, the                
          local county sheriff seized, advertised, and sold the property at           
          public auction on November 23, 1988.  The property was sold and             
          adjudicated to Citizens for $450,155.05.  After retaining $155.05           
          for his expenses, the sheriff remitted $450,000 as the net                  
          proceeds from the sale as to which he prepared a written return             
          that stated that, after application of the $450,000 on the                  
          judgment, there remained "a deficiency balance in the amount of             
          $184,426.53" ($634,426.53, the total amount due under the                   
          judgment, less $450,000, the net proceeds from the sale).                   
               Utah Code Ann. sec. 78-37-2 (1992) provides:                           

                    If it appears from the return of the officer making the           
               sale that the proceeds are insufficient and a balance still            
               remains due, judgment therefor must then be docketed by the            
               clerk and execution may be issued for such balance as in               
               other cases; but no general execution shall issue until                
               after the sale of the mortgaged property and the application           
               of the amount realized as aforesaid.                                   

          The parties agree that the clerk of the Utah court failed to                








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