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Amy Lanier

Does HUD have your money?

11-05-09
Amy Lanier


I found a few hundred dollars for my friend this morning, just by going here:
http://www.hud.gov/offices/hsg/comp/refunds/refundlist.cfm

(Needless to say, he was happy to get my phone call!) I even found some for my ex-brother-in-law, and a lady who works in our Recorder's Office.

I did a preliminary search based on some AR Members' names, and I'm pretty sure there are at least a few of you out there who have money waiting for them.


I am so excited I can hardly stand it! I really hope a lot of you have some money stashed away in HUD's bank. It's as simple as clicking on the link and typing your name in the box (Last Name, First Name) and clicking 'Search'. Best of luck!

'Make' other people green...

07-15-09
Amy Lanier

No...not green with envy. Kermit the Frog may have been mistaken, it is easy being green...in fact, much easier than not being green. Scanning and emailing documents, or emailing them straight from a computer is so much easier than waiting for them to print, going to the fax machine, dialing the number, waiting for the pages to go through, waiting for the confirmation, maybe even re-faxing them...not that that was a difficult process-just a pain...and even more time consuming.

However, in our industry, it can be difficult to convince people that they REALLY don't need a paper copy of everything (and sometimes in triplicate!), as was the norm 'in the old days'. But these are the new days, and I love the synergy of everyone coming together with green ideas! I have seen a lot of information out there as to how to be greener at home, and in a business as a whole, but...

I like the idea of helping others who, for whatever reason, wouldn't become green on their own. I love it when an agent tells me they only want emails-hey, this saves on either 1.) faxing (see above), or 2.) having things delivered to their office (not that we mind seeing them!), which also saves on gas and emissions, plus it will get to them faster 99.99% of the time.

I think real estate agents can help by requesting that their title company email as many things to them as possible, including title reports, CC&R's (especially!), and property profiles (unless you need one that is in a cover for presentation). They can also help by emailing new orders for title rather than faxing them-besides, this keeps the copies of the purchase contract cleaner and more legible.

I think title companies can help make a difference by sending out an email (preferably) to their clients and customers, asking them to respond back if they would like to receive their requested documents via email, rather than fax or delivery.

Loan officers, processors, lenders, etc., can help in much the same way by sending orders over via email, or better yet, online (many companies have online ordering available). Like agents, they can also request to have documents sent to them via email.

I would love for anyone to add ideas of steps we can take in our industry to reduce (or eliminate) the amount of paper-use and paper-travel in our collective industries. (and, no, it's not for the points!)

Utah Mechanic's Lien Law and State Construction Registry

07-15-09
Amy Lanier

Are you familiar with the mechanic's lien laws in Utah and all of its changes? I took a continuing education class that was invaluable to me concerning these changes. We have encountered many instances where our local builders were not familiar with the new laws

Previously, the claimant had 180 days to record their lien, and then could pursue a Lis Pendens against the property. With the new laws that went into effect, there were many changes, and I will only list a summary of some of those changes. Further, more detailed information, and copies of forms, can be found at: http://scr.utah.gov/.

Below are brief and abbreviated sections of HB0136 Section 38-1-31 thru 38-1-33, which are in no way intended to summarize everything in those sections.

  • When a building permit is issued, within 15 days, the government entity issuing the permit shall cause to be filed a Notice of Commencement for the project. If a building permit is not issued, the original contractor, owner of construction, lender, surety, or other interested party may file a Notice of Commencement with the designated agent, also within 15 days. After which...(The Notice of Commencement, essentially starts the clock ticking by 'taking away lien rights'.)
  • Within 20 days after commencement of its own work or the commencement of furnishing materials or equipment to a construction project, a Preliminary Notice shall be filed. There are penalties if this is not done within the 20 day period. (The Preliminary Notice 'reinstates lien rights'. Therefore, if this notice is not filed, or not filed timely, the lien claimant may not be able to collect against their recorded liens; they will be left to pursue a civil judgment in a court of law.)
  • The Preliminary Notice must be filed before a Notice of Lien may be filed with the County Recorder. Only one notice for each project by each 'person' is required.
  • Upon final completion of a project, an owner of a construction project, original contractor, a lender that has provided financing, or a surety that has provided bonding may file a Notice of Completion.
  • There is required verbiage that must be

"Failure to file a Preliminary Notice within the 20-day period required...precludes a subcontractor or supplier from filing any claim for compensation earned for performance of work or supply of materials or equipment furnished to the construction project before the expiration of five days after the filing of the Preliminary Notice, except as against the person with whom the subcontractor or supplier contracted."

The three hour class I took was offerred by the Utah Division of Occupational and Professional Licensing. For more information conerning their class, you can send an email to: scr@utah.gov. So far there has not been a charge for the class-they only have required advance registration.