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Lake Valley Loan & Trust Co. v. Millspaugh, 18 Utah 283, 54 P.
893 (1898)). A judgment was rendered in favor of Citizens
against petitioner under this statute, on September 19, 1988, in
the amount of the unpaid principal balance on the note plus
interest and costs. Under the same judgment, a deficiency
judgment was adjudged against petitioner for the full amount of
any sum owing to Citizens under the note after the proper
application of the proceeds of the sale of the property. After
the sale, a return of the officer was made showing that there was
a deficiency balance. The formality of "docketing" the judgment
by the clerk of the Utah State court was not followed as required
by Utah Code Ann. sec. 78-37-2 (1992). This failure to "docket"
is the technicality respondent relies on.
Respondent's argument that there was no surviving deficiency
judgment against petitioner is based on Utah Code Ann. sec. 78-
37-2. In pertinent part, that statute provides that, "If it
appears from the return of the officer making the sale that the
proceeds are insufficient and a balance still remains due,
judgment therefore must then be docketed by the Clerk".
Respondent argues that there was no deficiency judgment in this
case because of the failure of the clerk to "docket" the
judgment, and that an undocketed judgment is a nullity.
Respondent cited no authority that, under Utah State law, an
undocketed judgment is a nullity. Respondent cited In re Bundy's
Estate, 241 P.2d 462, 467 (Utah 1952), wherein the Utah Supreme
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