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Title Insurance in Utah Residential Real Estate Transactions
One of the more confusing items on any closing sheet in a residential real estate transaction is the “Title Insurance.” Title Insurance simply provides insurance to interested parties that they hold “clear title” to the property. Clear title means that… Read More -
Escrow and Closing in Real Estate Transactions
By Tyler Foutz Once the contract contingencies have been completed, the real estate transaction progresses to what is commonly called Closing. Closing simply means that each party completes their contractual obligations – the Seller provides a deed, and the Buyer… Read More -
Construction Liens: A Basic Comparison Between Utah and Idaho Law
By Joseph G. Ballstaedt 801-365-1021 [email protected] Many contractors, subcontractors, suppliers, and other parties in the construction industry conduct business in both Utah and Idaho. To preserve and enforce their construction lien rights, these entities must be aware of and adhere… Read More -
Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit
By Joseph G. Ballstaedt 801-365-1021 [email protected] As I have explained earlier, liens are automatically created when a worker, contractor, subcontractor, supplier, or other person or entity provides construction services on real property. Although nothing more is required to create this… Read More -
Preserving Lien Rights in Utah Through the Notice of Construction Lien
By Joseph G. Ballstaedt 801-365-1021 [email protected] Liens are automatically created when a person provides construction services on a piece of real property. The lien is an encumbrance that attaches to the owner’s interest in the property, and all that the… Read More -
How Credit Applications Protect Utah Suppliers
By Joseph G. Ballstaedt 801-365-1021 [email protected] Most Utah suppliers provide equipment, materials, supplies, and other goods to general contractors, subcontractors, and sometimes other suppliers on an ongoing basis. Depending on the nature of the business relationship, each purchase from the… Read More -
Restrictive Covenants: When Non-Compliance Might Be Acceptable
By Joseph G. Ballstaedt 801-365-1021 [email protected] A property owner cannot build on and use his property in any way that he chooses. He must follow any applicable state and city laws and ordinances and obtain the required permits and approvals,… Read More -
The Preliminary Notice: The First Step in Preserving Lien Rights in Utah
By Joseph G. Ballstaedt 801-365-1021 [email protected] A construction lien—sometimes called a mechanic’s lien—is automatically created when a worker, contractor, subcontractor, supplier, or other entity in Utah provides work, services, or improvements on or for a specific piece of real property.… Read More -
Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens
By Joseph G. Ballstaedt 801-365-1021 [email protected] A lien on real property (i.e. land and buildings) is a claim against this property for the payment of money. A notice of lien is generally a document that is recorded with a county… Read More -
Five Points to Consider When Sending a Demand Letter in Utah
By Joseph G. Ballstaedt 801-365-1021 [email protected] Before a lawsuit is filed in Utah, the parties in conflict may have already exchanged demand letters, setting forth their version of the facts and how they want the problem solved. These demand letters,… Read More