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Utah Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: filed quit claim deeds a few years ago on the home I live in and my three investment properties but lacked

What do I need to do to get those voidable contracts voided or what's the next step to repairing the war zone that has become my life because I'm now homeless and I've lost a lot everything my life's work forgive the errors and no punctuation I'm talking into my phone

Wesley Winsor
Wesley Winsor answered on Nov 11, 2019

Not a lot of facts to go off of here, except that you are saying that you signed and recorded some quit claim deeds a few years ago while you lacked capacity and now you want to void the deed.

If you were under duress or undue influence by the person to whom you signed them over to, you...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Utah on
Q: Is it possible for a company to buy half a house if im just on the deed. And the homeowner has not signed on his end?.

If it is possible does that company have the right to kick me out of the home?

Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house and... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Utah on
Q: Can Realestate, in this case a condo be listed for sale while under litigation between a HOA and a builder?
Wesley Winsor
Wesley Winsor answered on Aug 17, 2018

The short answer is yes. You can list anything that you own for sale. If you are going to give out seller disclosures, you will need to disclose the fact that there is pending litigation.

From this question, I am not even sure if you are the owner of the property. The answer is, an owner...
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2 Answers | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Utah on
Q: Can an Officer add additional charges after you’ve signed the original citation?

I was issued a citation for an “ilegal turn” on December 6. After the Officer arrived back at the station, he added “driving while license suspended” to my citation. I had NO idea that my license was suspended. Is this legal? Even after I signed the original citation, and wasn’t notified... Read more »

Catherine Cleveland
Catherine Cleveland answered on Jan 11, 2018

Yes, the prosecutor can amend the charging document at any time.

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1 Answer | Asked in Business Law, Civil Litigation and Real Estate Law for Utah on
Q: 1. Can HOA litigate member with non valid status of non profit corporation?2. Can HOA adopt not valid declaration
Wesley Winsor
Wesley Winsor answered on Jun 8, 2017

Your question is hard to understand. I will try the best I can to answer:

Yes an HOA can bring suit against an HOA member even if that member is a non-profit organization whose status is inactive/expired. This issue revolves around what agents of this non-valid, non-profit did to...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Utah on
Q: Nuisance lawsuit against neighbor

I live in a HOA community. A neighbor has adult children who break in to cars and homes and steal packages off door steps. Cops have been called numerous times and arrest have been made but it seems the laws are weak in this area. The neighbor does not own the property her mom does and the mom of... Read more »

Wesley Winsor
Wesley Winsor answered on May 9, 2017

Really you would need to look at the HOA. If there was something that they were violating in the HOA, then you could require the owner to find a new tenant, but you can't just make someone move because they are criminals.


1 Answer | Asked in Civil Litigation for Utah on
Q: If im sued,i have no assets,can they attach my husband's assets?
Zaven Andranik Sargsian
Zaven Andranik Sargsian answered on Dec 12, 2013

It would depend on several factors. For example, how the asset is held (is it in your name solely or jointly in both of your names)? There may also be issues related to the UFTA (Uniform Fraudulent Transfers Act). This Act attempts to prevent individuals from shifting their assets to others to... Read more »

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