Lis Pendens Requirements In Utah

State:
Multi-State
Control #:
US-00403BG
Format:
Word
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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 "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 mobile home park may not alter the date on which rent, fees, and service charges are due unless the mobile home park provides a 60-day written notice to the resident before the date is altered. that is updated when no longer accurate and at least once each calendar year.

Agency responsibilities -- State historic preservation officer to comment on undertaking -- Public Lands Policy Coordinating Office may require joint analysis. provide the state historic preservation officer with a written evaluation of the undertaking's effect on any historic property.

Certificate of acknowledgment, proof of execution, jurat, or other certificate required -- Notarial acts affecting real property -- Right to record documents unaffected by subdivision ordinances.

Legal description of real property and names and addresses required in documents. Except as otherwise provided by statute, if a document for recording does not conform to this section, a person may not present the document to the office of the recorder of the county for recording.

Filing of notice of claim of interest authorized -- Effect of possession of land by record owner of possessory interest. one of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.

Definitions. "Director" means the director of a training academy.

Legal description of real property and names and addresses required in documents. Except as otherwise provided by statute, if a document for recording does not conform to this section, a person may not present the document to the office of the recorder of the county for recording.

More info

Utah Code § 78B-6-1204 ; (i) the names of all known parties; ; (ii) the object of the action; and ; (iii) a description of the property affected. The precise laws and procedures surrounding a lis pendens vary from state to state, but in Utah the following principles apply.Lis pendens required. (1) Either party to an action affecting the title to, or the right of possession of, real property may file a notice of the pendency of the action. A lis pendens can be a wrongful lien if it was recorded before litigation commenced involving title to or an interest in real property. VCS tried to exploit this ambiguity to assert that a lis pendens was not required whenever persons were made parties to a foreclosure action. Fill in the blank form formatted to comply with all recording and content requirements. 78B-6-1204. Lis pendens required. 1.25.

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Lis Pendens Requirements In Utah