Lis Pendens Release Form With Lien 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

If someone believes a wrongful lien has been placed on their real property, they can ask the court for an injunction to remove or "nullify" the lien by filing a petition.

Other than resolution of the pending lawsuit, the only way to remove a lis pendens is by expungement, which requires a court order from a circuit judge. If you refuse service or the action is otherwise delayed, the lis pendens remains intact, making it difficult to sell or otherwise transfer a property.

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)).

Utah statutory lien waivers don't need to be notarized Some contractors and owners may elect to require their lien waivers to be notarized. If the lien waiver provisions in the construction contract do not interfere with any of the statutory regulations, then the terms will be enforceable.

In Utah, like in many other states, the process of pursuing a construction lien involves the following three several key steps: (1), preserving your ability to file a lien by filing a preliminary notice, (2) perfecting your lien by recording a formal lien with the county recorder's office; and (3) enforcing your lien ...

Utah statutory lien waivers don't need to be notarized Some contractors and owners may elect to require their lien waivers to be notarized. If the lien waiver provisions in the construction contract do not interfere with any of the statutory regulations, then the terms will be enforceable.

To submit your Quitclaim Deed, first ensure all fields are accurately filled out. You can mail the completed document to your local county recorder's office or submit it in person for immediate processing.

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.

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Lis Pendens Release Form With Lien In Utah