Lis Pendens Form Blank Withdrawal In Utah

State:
Multi-State
Control #:
US-00403BG
Format:
Word
Instant download

Description

Lis Pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or lenders is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. A person who records a false lis pendens will be subject to the penalty of payment of attorney's fees. A petition to remove the lis pendens from real property may be brought by the defendant when the property is not involved in the lawsuit.

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FAQ

A Utah tax lien search can be done in person or online at the county recorder's office where a person resides. Utah tax liens are recorded at the county recorder's office and are available to members of the public upon request.

A "wrongful" lien is a lien that is not authorized by: state or federal statute. a state court order, or. an authorizing document signed by the owner of the real property.

The Court had to make sense of the statutes and ultimately held that in lien theory in Utah, the title to the mortgaged property remains with the mortgagor: "Utah, along with most of the other western states, has long been recognized as a 'lien theory' state.

The duration of a judgment lien in the state of Utah resulting from the docketing of a judgment, abstract of judgment, transcript of judgment or warrant for delinquent taxes, runs as follows: 8 years for all judgments (U.C.A. 78B-5-202) and ten years for tax warrants (U.C.A. 59-1-1414(6)).

If payment is not made after recording a lien, the next step is to file a lawsuit to enforce the lien. In Utah, this must be done within 180 days after recording the lien.

To attach the lien, the creditor records the judgment in the office of the county recorder in any Utah county where the debtor owns property now or may own property in the future.

(a) Notice of withdrawal. An attorney may withdraw from the case by filing with the court and serving on all parties a notice of withdrawal. The notice of withdrawal shall include the address of the attorney's client and a statement that no motion is pending and no hearing or trial has been set.

To file a lis pendens, the party filing must have or show one of two things: That there is a recorded instrument, usually some mortgage or encumbrance, or perhaps something related to a construction mechanics lien—that potentially provides the filer the right to the property on or in the document.

If you have been served with a Petition for Divorce, and there's something in the Petition that you don't agree with, you must file a written response with the court within 20 days of the date of service if you were served in Utah. If you were served outside of Utah, you have 30 days to file your written response.

With that said, the general rule, even for short-term marriages, is 50/50 division. However, in some very short-term marriages, the courts may put spouses back into the financial position they were in before the marriage – that is, each spouse gets the asset that belonged to him/her at the beginning of the marriage.

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Lis Pendens Form Blank Withdrawal In Utah