Legal Question in Real Estate Law in Utah

What is a notice of Interest? My father died in Aug. of last year and left his home to me because I took care of him and my mother while she was sick with dementia and he was sick with cancer. I own my own home and now because he gave his to me I am the owner of two homes that are paid off. I have two brothers who want me to give split the money from the sell of my home when I move to my fathers home. There is a trust and we are all trustees but nowhere does it say that I should do this. Last week when I went to get a home equity loan on my home it wouldn't qualify because my brothers had put a note of interest on it at the county recorders office. What is this and what can I do?


Asked on 2/18/12, 2:19 pm

1 Answer from Attorneys
Brian Arnold Arnold & Wadsworth

A notice of interest is your brothers saying that the property is part theirs. You need to file an action for a wrongful lien. In Utah if you prove this you get triple damages and attorney fees. However, it will not be removed until you do something about it.

http://www.arnoldwadsworth.com

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Answered on 2/18/12, 3:54 pm


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