Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

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 that lien. But what happens if, within that 180-day period, the lien claimant files an Read More

Utah Construction Liens: An Overview of the Five Basic Steps

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

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 the work refuses or is unable to pay, the construction lien provides a second route Read More

The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

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 notice of construction lien; 3) filing a lawsuit and recording a lis pendens; and 4) Read More

Escrow and Closing in Real Estate Transactions

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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 provides the purchase funds.  In Utah, Closings are completed by title companies who act as Read More

Being “Under Contract”– What It Really Means

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The phrase “Under Contract” is used frequently, but many buyers and sellers may not be sure what it means exactly. Once parties are “under contract,” they have an agreement to buy and sell for a certain price, and have an outline of the next steps that must be taken. At this point, a seller cannot Read More

What You’re Paying For When You Hire a Realtor

Posted in Real Estate Law by

The more technology disrupts the process of buying and selling a home, the more relevant it becomes to understand what you’re paying for when you hire a realtor. The answer: a professional, hopefully with experience, to help you through the process and ensure it is all done correctly. Exactly how that breaks down depends on Read More