Construction and Collection Attorney

blog on construction, bond claims, mechanic's liens, collection issues, construction claims, change orders, commercial litigation. Focus on Utah law

Thursday, September 06, 2007

Lien Contents - Name of Reputed or Record Owner

The reputed owner is the person or other legal entity generally believed to be the owner of the real property in question. The record owner is the owner as recorded in the official records in the county recorder’s office maintained for that purpose.

When in doubt as to which name to use, use both. It’s also a good idea to use the names of present and former owners if there has been a change in ownership during the improvement or construction process. However, listing all potential holders of an interest in the property need not be sought out and listed. The Utah Supreme Court has held that it is not essential to the validity of a lien that the names of others whose interests might be affected thereby be stated when statutory requirements as to contents of Notice of Lien are met. “The purpose of recordation of the notice of lien is to give notice thereof to all persons who may be affected thereby.” Buehner Block Co. v. Glezos, 6 Utah 2d 226, 230, 310 P.2d 517, 520-521 (Utah 1957).

2 Comments:

  • At 11:47 AM, Anonymous Anonymous said…

    How do I find the name of the lender that holds the note on a commercial property that is currently under construction??

     
  • At 10:20 PM, Blogger Randy B. Birch said…

    It may not be possible. While the trust deed will show who "owned" the debt at the time the loan was obtained, loans are often sold and assigned and until a default occurs, they would not necessarily file an assignment or anything that would identify the subsequent owners of the debt with the County Recorder's office.

     

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