Category Archives: Uncategorized

“Vapor Money” Theory to Avoid Repayment of Real Property Loan Rejected by Utah Court of Appeals

Debtors attempting to avoid repayment of a loan secured with by a Deed of Trust against real property or to invalidate a Trustee’s Sale under the Deed of Trust will find no succor in Utah by claiming that a loan … Continue reading

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“Easements by Plat” and Private Roads

“Easement by Plat” Applies to Easements over Private Roads On May 6, 2011, The Utah Supreme Court issued its opinion in the case of Oak Lane Homeowners Association v. Griffin, 2011 UT 25.  The case addresses the issue of whether … Continue reading

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Non-Judicial Foreclosure Process in Utah

NON-JUDICIAL FORECLOSURE PROCESS IN UTAH (Foreclosure of Trust Deeds – Utah Code Ann. §§57-1-10 – 57-1-36) 1.  A Trustee conducting a non-judicial Trustee’s Sale must be qualified as a Trustee in the State of Utah.  Only a qualified Trustee is authorized … Continue reading

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Federal Reserve Board Announces Enforcement Actions Against 10 Banking Organizations and against MERS

On April 13, 2011, the Federal Reserve Board (FRB) issued a press release announcing enforcement actions against 10 banking organizations requiring the organizations to “address a pattern of misconduct and negligence related to deficient practices” in mortgage loan servicing and … Continue reading

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UTAH SUPREME COURT CLARIFIES LEGAL DOCTRINES ESTABLISHING BOUNDARY LINES

April 1, 2011, the Utah Supreme Court issued its opinion in the case of Bahr v. Imus. 2011 UT 19.  The case clarifies three boundary doctrines in Utah case law.  Moral of the story:  Good fences do not always make … Continue reading

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Homeowner’s Assessments in Bankruptcy

A Homeowner’s Obligation to Pay Homeowner’s Assessments Continues After a Homeowner has filed Bankruptcy and While the Bankruptcy is in Process. Many homeowners who file bankruptcy are under the mistaken impression that they have no legal obligation to pay ongoing … Continue reading

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