Elizabeth Sorenson v. Gary E. Beers and

STEWART, Justice: Plaintiff appeals from the lower court's refusal to declare null and void a trust deed resulting from a foreclosure sale on plaintiff's property and to revest title to the real property in plaintiff. The issue raised on appeal is the inadequacy of the trial court's findings of fact and Conclusions of law holding that defendant Biljanic, the successful bidder at the foreclosure sale, was not acting for plaintiff as her attorney. Whether Biljanic was engaged as plaintiff's attorney depends solely on whose version of a telephone call is to be believed. The telephone conversation in question occurred the evening prior to the foreclosure sale when plaintiff sought legal assistance from Biljanic, a member of the Utah State Bar. The parties are in disagreement as to the contents of the exchange. Plaintiff claims that defendant agreed to check into the matter of the foreclosure sale and that a professional relationship between her and Biljanic was established. Plaintiff further contends that the attorney's subsequent appearance and purchase of the property resulted in the property being held in trust for her, and she is now entitled to pay for the property and have title returned to her. Defendant's attorney, on the other hand, claims that Biljanic informed plaintiff of the fact that he was then representing a party who had commenced a lawsuit against her and could not provide her with legal assistance.