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

Lis Pendens Explained

Posted in Construction Law, Real Estate Law by Leave a comment

“Legalese” often renders the law more confusing than it needs to be. Case in point: “lis pendens” (pronounced liz pendenz). This latin phrase meaning “lawsuit pending” refers to a legal document designed to inform the public of a lawsuit that could affect the right to own or possess a specific parcel of real estate. The Read More


Posted in Practices Area by Leave a comment

Quit Claim Deed A quit claim deed is a deed that states that whatever the grantor has in the property is being conveyed, but that the grantor is not guaranteeing that they have an interest in the property at all. These are very common in gift transactions where no money is changing hands or in Read More