Legal Question in Real Estate Law in Utah

Notary, Trustee, Attorney all to one instrument?

My ex-boyfriend and mother had his attorney make a deed of trust against the home my ex. and I shared as co-tenants. This was done behind my back and to keep me from borrowing against home for legal fee's. It matched the equity in the home. I did ask the two attorneys to look at this deed to see if in fact it was legal. They weren't concerned, I guess. This deed has my ex's attorney made the instrument, notorized the instrument, and is the trustee named in the instrument. He has also represented him throughout the three year battle, beginning with my being kicked out of our house by protective order right after the deed of trust was recorded.

Can his attorney do this ethically, legally??


Asked on 4/27/03, 2:16 am

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

Re: Notary, Trustee, Attorney all to one instrument?

If the mother provided actual financial assistance to her son, your ex, then it is legal. If it was done solely to prevent you from using any of the equity, then it may not be equal. It also depends whether there was any court order preventing either of you from encumbering the property. Your attorney should be able to resolve this issue through discovery or other legal proceedings.

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Answered on 4/27/03, 3:28 pm


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