Legal Question in Real Estate Law in Utah

Are there any laws concerning tying up real estate for extended periods of time?

We are getting sued for back wages and the man that is suing tied up all of our real estate (we are ranchers). We need to refinance in order to keep the ranch but we can't unless he releases some of the property. This has been going on for about a year and a half. So my question is, is there any way to make him release it or not? Are there any laws that prohibit him from driving us to bankruptcy? Thank you for your time.


Asked on 12/01/06, 12:04 pm

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

Re: Are there any laws concerning tying up real estate for extended periods of time?

It is questionable whether he can "legally tie up your property" without some sort of written agreement with you. You have several options, (1) If his lien against your property is illegal, you can sue him for treble (3x) damages including your attorney fees; (2) If the lien is valid, you should be able to post a cash bond for the amount in dispute and get a court order to release the lien; (3) there may be other options, depending on the facts. It may be possible for him to force you into bankruptcty, which would depend on the facts. But generally all he is entitled to would be a court judgment for the amount you owe him, if anything.

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Answered on 12/01/06, 3:39 pm


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