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Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?
By Joseph G. Ballstaedt 801-365-1021 [email protected] To preserve a lien claim, a lien claimant must, among other things, record a notice of construction lien with the county recorder’s office, and within 180 days thereafter, initiate a lawsuit to foreclose on… Read More -
Timelines (and the Statute of Limitations) for Foreclosing on a Trust Deed in Utah
By Joseph G. Ballstaedt 801-365-1021 [email protected] In Utah, trust deeds are often used to secure loans, ranging from loans for homebuyers to loans for general contractors used to finance real estate developments. The real property identified in the trust deed… Read More -
How to Deal with Ambiguous Contracts in Utah
By Joseph G. Ballstaedt 801-365-1021 [email protected] What happens when two parties to a contract disagree about what the contract language means? How are ambiguities in a contract resolved? Utah courts and judges should interpret and enforce each contract in a… Read More -
How to Own Your Real Estate
By Jeff B. Skoubye 801.365.1012 [email protected] Real estate encompasses not only one’s primary residence but also other real estate such as a vacation home or a rental property. The ideal form of ownership varies depending on the type of real… Read More -
COVID-19 and Landlord Rights
By Tyler S. Foutz Without question, the impacts of COVID-19 have been felt on a wide scale across the economy of Utah. Many rumors and questions have arisen as to whether these impacts require tenants to pay rent, or whether… Read More -
Utah Construction Liens: An Overview of the Five Basic Steps
By Joseph G. Ballstaedt 801.365.1021 [email protected] In Utah, a construction lien is a valuable tool for any contractor, subcontractor, or supplier who does not receive payment for work it performs on a construction project. If the party who contracted for… Read More -
The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds
By Joseph G. Ballstaedt 801-365-1021 [email protected] In prior articles, I explained four general steps to preserving and enforcing a construction lien (also known as a mechanic’s lien) in Utah. These steps include: 1) filing a preliminary notice; 2) recording a… Read More -
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