QUESTION
Will the lien expire and what will I need to do to remove it?
Asked on Sep 08th, 2013 on Bankruptcy - Utah
More details to this question:
I sold property in Utah by an instalment sale and the buyer defaulted. I took the property back with a deed in lieu of foreclosure. I found later that his wife had placed a lien on the property during a divorce. His wife had quitclaimed the property to him, I assume before the divorce. I don't know the details of any settlement.
2 ANSWERS
Chapter 7 Bankruptcy Attorney serving Salt Lake City, UT
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Linda D. Smith, P.C.
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Crazy situation. If the wife quit claimed the deed back to him what is the basis of her lien. If they defaulted and you took a deed in lieu of foreclosure there is still nothing for her to lien. Sadly you will probably have to sue her to straighten things out.
Answered on Sep 12th, 2013 at 9:32 PM
Business Law Attorney serving Provo, UT
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Whiting & Jardine, LLC
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Whether the lien will expire is dependent on the type of lien filed. You may have the ability to remove it, even if it hasn't expired (particularly if it is not authorized by statute or contract). Lien laws can be relatively tricky in Utah. I recommend contacting a real estate attorney who can review the details of your case and advise you of your options.
Answered on Sep 10th, 2013 at 10:43 AM