Standard Federal Savings & Loan Ass'n v. Kirkbride
In Standard Federal Savings & Loan Ass'n v. Kirkbride, 821 P.2d 1136, 1138 (Utah 1991) the Court recognized that section 57-1-32's requirement that a creditor file a deficiency action within three months is a "procedural hurdle," not an absolute bar to suit.
In Kirkbride, the creditor did not strictly comply with the three-month deadline because its initial deficiency complaint was dismissed without prejudice for failure to serve summons and the creditor did not refile until after the three-month period had run. Id. at 1137-38.
The Court held that "the three-month limitation period's . . . primary purpose is satisfied when the foreclosing party provides notice to the debtor or guarantor that a deficiency will be sought by filing the action," and concluded that the creditor's initial filing gave the debtor sufficient notice of that fact. Id. at 1138.