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INSIGHT ASSETS, INC. v. FARIAS

No. 20110020.

321 P.3d 1021 (2013)

2013 UT 47

INSIGHT ASSETS, INC., Appellant, Cross-Appellee and Plaintiff, Counterclaim-Defendant, v. Homero FARIAS, Appellee, Cross-Appellant and Defendant, Counterclaim-Plaintiff.

Supreme Court of Utah.

August 6, 2013.

Attorney(s) appearing for the Case

Kelly Ann Booth , Salt Lake City, for appellant.

Ronald G. Russell , Rodger M. Burge , Jeffery A. Balls , Salt Lake City, for appellee.

INTRODUCTION

Associate Chief Justice NEHRING, opinion of the Court:

¶ 1 This case concerns the relative priorities of a vendor purchase money mortgage and a third-party purchase money mortgage, and the application of the doctrine of laches to purchase money mortgagees who fail to assert their claims in a timely manner. We conclude that, although Insight Assets, as vendor purchase money mortgagee, may have a superior claim of right, its claim is barred...

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