Legal Question in Real Estate Law in Utah

If I have a lean on a property for my earnest money and the bank took the property is my lean still valid?


Asked on 12/04/09, 12:08 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

If your lien was lawfully filed before the bank's mortgage it is still good. If your lien is filed after the bank's mortgage, the lien is no longer enforceable, unless you timely filed a priority mechanic's lien. A lien for earnest money is not such a lien. You will have to get that money from the seller.

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Answered on 12/09/09, 9:53 pm


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