THORNE, Judge:
¶ 1 Allen F. Grazer appeals the district court's order denying his motion for partial summary judgment and granting Ludvig D. and Jackie M. Olsen, Trustees of the Ludvig D. and Jackie M. Olsen Trust's (the Olsen Trust) cross-motion for partial summary judgment.
¶ 2 Pursuant to a writ of execution, the Davis County Sheriff sold the interests of Gordon A. and Linda G. Jones and Richard H. and Renae Carnon Barney (collectively, the debtors) in certain real property located in Davis County (the Property) on January 17, 2008. At the sheriff's sale, Lincoln W. Hobbs, attorney for Grazer, purchased the property with a credit bid of $191 on behalf of Grazer.
¶ 3 Thereafter, the debtors executed a written assignment of redemption rights, assigning their rights to redeem the Property to the Olsen Trust.
¶ 4 On July 9, Hobbs recorded a notice of amounts paid and owed with the Davis County Recorder's Office claiming Grazer had incurred and paid $2178 in conjunction with the sale along with an additional $2750 due for fair rental value attributable to the use of the Property after the sheriff's sale.
¶ 5 On July 10, after being informed by Hobbs that he was now authorized to accept service, the Olsen Trust again attempted to redeem the Property delivering to Hobbs (1) a copy of the assignment, (2) a check made payable to Grazer in the amount of $210, and (3) a proposed certificate of redemption (the Second Redemption Attempt). Hobbs, in a letter to the Olsen Trust, rejected the second request based on his belief that the Olsen Trust's "assignment of the redemption right was not a bona fide transfer for value and [was] thus . . . a fraudulent transfer," that the attempted redemption "failed to pay the amounts" Grazer claimed owed in his notice of amounts paid and owed recorded on July 9, and his belief that the Joneses had used the Property for storage and dumping of construction materials since the sheriff's sale. The Olsen Trust's check and documents were subsequently returned.
¶ 6 On July 15, counsel for the Joneses and the Olsen Trust submitted to the district court a request for an accounting of rents and profits with respect to the Property. On August 15, counsel for the Joneses and the Olsen Trust also filed with the court a petition for establishment of redemption price on the Property with a check in the amount of $2465 purporting to encompass the entire undisputed and correct amount of the redemption price for the Property. Grazer
¶ 7 Thereafter, Grazer filed a motion for partial summary judgment, requesting the court to establish as a matter of law that the Olsen Trust's First Redemption Attempt was invalid for failure to tender the check to the correct party and that the Second Redemption Attempt was invalid for failure to tender the correct redemption amount, and enter an order requiring the Davis County Sheriff to complete the sheriff's deed and finalize the sale. A month later, the Olsen Trust filed a cross-motion for partial summary judgment on the same issue requesting the court to establish as a matter of law that the Olsen Trust's redemption efforts substantially complied with rule 69C and enter a judgment in favor of the Olsen Trust. The district court conducted a hearing on the various partial summary judgment motions, after which the court denied Grazer's motion based upon the holdings and analyses of United States v. Loosley, 551 P.2d 506 (Utah 1976), and Tech-Fluid Services, Inc. v. Gavilan Operating, Inc., 787 P.2d 1328 (Utah Ct.App.1990). The district court found,
The district court then considered and granted the Olsen Trust's cross-motion for partial summary judgment based on the court's earlier ruling that the Olsen Trust's First Redemption Attempt substantially complied with rule 69C(c). Grazer now appeals.
¶ 8 Grazer argues that the district court erred in denying his motion for partial summary judgment and granting the Olsen Trust's cross-motion for partial summary judgment. "This court review[s] a summary judgment determination for correctness, granting no deference to the [district] court's legal conclusions." Andrus v. Northwestern Mut. Life Ins. Co., 2010 UT App 265, ¶ 7, 241 P.3d 385 (alterations in original) (internal quotation marks omitted).
¶ 9 Grazer argues that the district court erred when it concluded that the Olsen Trust need only substantially comply with the procedures of rule 69C(c) to successfully redeem the Property. See generally Utah R. Civ. P. 69C(c). Grazer argues that strict compliance with the redemption provision is required and the Olsen Trust's First Redemption Attempt was unsuccessful because it failed to serve Grazer with two of the three required documents. Rule 69C(c) provides that to redeem the property after a sheriff's sale,
Id. The Olsen Trust did not serve either a certified copy of the judgment under which the Olsen Trust claims the right to redeem nor an affidavit showing the amount due on the judgment.
¶ 10 Grazer cites the strict compliance language in Springer v. Springer, 853 P.2d 888 (Utah 1993), and Huston v. Lewis, 818 P.2d 531 (Utah 1991), in support of his argument that strict compliance with rule 69C(c) is required. However, neither case requires strict compliance with the particular provision at issue here. Rather, both cases hold that strict compliance is required with the redemption period and price dispute process provisions of former rule 69(f)(3), which provisions are currently addressed under rule 69C(d) and (e). See Springer, 853 P.2d at 891 (noting that the supreme court previously held that redemption under rule 69(f)(3) requires strict compliance except where a court sitting in equity decides that the circumstances warrant an extension of the redemption period); Huston, 818 P.2d at 535 ("It is clear that the right of a purchaser at a sheriff's sale either to receive the proper redemption amount in accordance with rule 69(f)[(3)] or to have the title perfected at the end of the six-month period is a substantive right. Accordingly, strict compliance with the six-month redemption period is normally required.").
¶ 11 The case law evaluating the necessity of strict compliance for redemption provisions establishes that substantial compliance with the procedural requirements of the redemption provisions outlined in rule 69C(c) may in some instances be deemed sufficient. For example, in United States v. Loosley, 551 P.2d 506 (Utah 1976), the Utah Supreme Court considered the necessity for strict compliance and explained that
Id. at 508. Thereafter, this court in Tech-Fluid Services, Inc. v. Gavilan Operating, Inc., 787 P.2d 1328 (Utah Ct.App.1990), discussed various out-of-state and Utah cases, including Loosley, when evaluating the necessity for strict compliance. Based on its review of the applicable case law, this court affirmed that substantial compliance is the proper test for application of rule 69(f)(2). See Tech-Fluid Servs., 787 P.2d at 1334. The supreme court in Springer again acknowledged that substantial compliance with certain provisions of the redemption statute may be sufficient, stating that it "has allowed substantial compliance with the requirements of rule 69(f)(2), which prescribes the process by which redemption is made, but not with rule 69(f)(3)[, which establishes the redemption period]." 853 P.2d at 891 (citation omitted).
¶ 13 In addition to his document deficiencies argument, Grazer also asserts that the Olsen Trust's First Redemption Attempt was unsuccessful because the trust failed to tender the correct redemption amount to the correct party. Rule 69C(e) of the Utah Rules of Civil Procedure provides that "[t]he price to redeem is the sale price plus six percent [for an initial redemption]" and plus three percent for a subsequent redemption, unless
Utah R. Civ. P. 69C(e). Here, the Olsen Trust submitted to Hobbs a check made payable to Hobbs for $210 to cover the $191 purchase sales price plus six percent pursuant to rule 69C(e) on July 7, 2008. When the Olsen Trust submitted the check to Hobbs the amount was correct because no notice of additional amounts had been filed. It was not until after that first attempt, on July 9, that Hobbs recorded a notice of amounts paid and owed with the Davis County Recorder's Office claiming Grazer had incurred and paid additional monies in conjunction with the sale and due to the use of the Property after the sheriff's sale.
¶ 14 Regarding Grazer's argument that the redemption documents and check were served on the wrong party, the district court found that Hobbs had been involved as Grazer's attorney from the beginning of this litigation and that Hobbs indeed had the authority to accept the documents filed therein throughout the proceedings. Grazer does not challenge this finding by the district court. As such, Hobbs had the authority to accept the money on behalf of Grazer, including the right to deposit the funds into a client trust account for Grazer. As a result, we conclude there is no merit to Grazer's argument that the Olsen Trust failed to tender the correct redemption amount to the correct party.
¶ 15 We affirm the district court's partial summary judgment rulings that the Olsen Trust's First Redemption Attempt substantially complied with rule 69C(c).
¶ 16 The Utah Supreme Court has established that substantial compliance with the procedural requirements of the redemption provision, that prescribes the process by which redemption of property from a sheriff's sale is made, is sufficient to satisfy the rule. See Springer v. Springer, 853 P.2d 888, 891 (Utah 1993); United States v. Loosley, 551 P.2d 506, 508 (Utah 1976). While the Olsen Trust failed to provide Grazer with a certified copy of the judgment and an affidavit showing the amount due on the judgment, based upon Loosley, the Olsen Trust nevertheless substantially complied with the procedural requirement of rule 69C(c) under these facts. Accordingly, we affirm the district court's partial summary judgment rulings, which determined that the Olsen Trust's First Redemption Attempt substantially complied with rule 69C(c).
¶ 17 Affirmed.
¶ 18 WE CONCUR: GREGORY K. ORME and MICHELE M. CHRISTIANSEN, Judges.