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How do I find an owner's mailing address?

Utah

I am a project manager for a general contractor and we are preparing a to file a claim to lien. We have the property address of their unfinished home construction project but not the owner's mailing address. Where can I find the owner's current mailing address? It is not listed with the county. What if the owner doesn't have a mailing address because they are living in a van?

4 replies

Dec 7, 2020

Dear Project Manager, 

I presume from the context of your question that you have already filed a preliminary notice on the Utah State Construction Registry (here is a link to the SCR: https://secure.utah.gov/scr/guide/index.html)
and that you are now trying to determine where to mail a copy of your lien once it is filed and recorded.   

Under Utah law, you are required within 30 days after filing your lien to “deliver or mail” a copy to the property owner. If the owner’s address is not readily available, you may mail a copy of your lien to the owner’s
last known address appearing on the last completed real property assessment rolls of the county where the project is located.  

So, if you know where the owner’s van is located, you could deliver a copy of your lien to the owner there (I would recommend some proof of delivery—maybe a signed receipt or photo/video showing delivery). Or you could check for an address on the county’s real property assessment rolls (but it sounds
like you may have already done that).  

Also, keep in mind that failure to deliver/mail a copy of your lien to the owner within 30 days does not invalidate your lien; but you may not be able to collect your attorney’s fees and costs in a foreclosure action
against the owner. (Here’s a reference to the applicable Utah statute: Utah Code § 38-1a-502.) 

All the best to you in collecting your money. It is important to me that contractors get paid. If you have additional facts, I would be happy to further respond.   

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Dec 7, 2020

Hi Jason,

I appreciate your thorough response. I was able to get a mailing address through the county building department. 

Thank you!

Michelle Kelly

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Dec 7, 2020

Hi Michelle,

Good news! I'm glad you were able to track down the owner's mailing address. I would recommend sending the lien by certified mail and hanging onto the "green card" reciept as evidence of mailing. 

Remember, once your lien is recorded you have 180 days to file a foreclosure action. Hopefully you are paid long before then, but if not I would be happy to discuss your options. 

Jason Robinson

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Jan 7, 2021

Utah Code Section 38-5a-102(4)(b) states:

(b)If the record owner's current address is not readily available to the claimant, the claimant may mail a copy of the notice to the last known address of the record owner, using the names and addresses appearing on the last completed real property assessment rolls of the county where the project property is located. 

Keep in mind that under Utah law, you can only lien a property if you complied with all requirements including filing of a timely preliminary notice. You should discuss your situation with a Utah construction law attorney.

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