Legal Question in Real Estate Law in Utah
Faulty lot discription, lien, months of waiting
I purchased a building lot in June, to build a house on. My future neighbor's lot discrpiption was wrong because of a faulty GPS unit used by the surveyor causing it to appear on paper that our lot intersected with our neighbors on one corner, but in reality, our property lines odn't even touch. When we tried to get a clear and free title for our lot, the mortgage company for my neighbor's house put a lien on my lot, keeping us from building until a lot description change is made, which they received the proper documentation to do so in August. Is there a reasonable amount of time I can expect this to be done? We've waited 3 months, and the effects of this wait are unnecessary hardships for my family. What can be done to get this change made in a speedy manner? Do I have any legal leverage on the mortgage company who put this lien on my property? I just want them to get it done so I can build. HELP ME.
1 Answer from Attorneys
Re: Faulty lot discription, lien, months of waiting
Check to see if they have done anything with the "proper documentation." Perhaps they are leaving preparation of the paperwork to you.
If "they" are doing the paperwork, you will probably have to sign a document for recording. Your rights ("leverage") depend somewhat on what the understanding or agreement was at the outset. That said, if "they" have all of the information necessary and are preparing the necessary documents to effect the change in the legal description, there is no reason that it should take three months unless there is some other problem.
Find out exactly what their status is. Tell them you'll come in right away to execute a quit-claim deed (or whatever the appropriate document might be in your case).
If a "reasonable" amount of time passes and the lien is not released, you may have a claim against the mortgage company. That is where your personal attorney would come in to determine from the precise facts of your case what your legal claims might be and to whom those legal claims might be directed.
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