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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32324
Experience:  Began practicing law in 1992
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My brother has recorded two unlawful liens and an unlawful

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My brother has recorded two unlawful liens and an unlawful deed against my property in the last 4 years. Can I request the D A t take action on this?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

What crime do you think he has committed?

Dwayne B. :

And what do you mean by "an unlawful deed"?

Customer: He was adjoined from filing any more liens without written permission from me or the court - in short "contempt of court".
Customer: I spent thousands on attorney fees to have these documents removed to clear the title to the property.
Dwayne B. :

The DA doesn't prosecute contempt of court issues. That is a civil case that you would have to file.

Dwayne B. :

What is the unlawful deed you are talking about?

Customer: He deeded the property to our fathers trust while it was under deed to me.
Dwayne B. :

I understand.

Customer: Utah law states it is a class 3 felony to file against property to cause harm.
Dwayne B. :

Then it wouldn't be a contempt action.

Dwayne B. :

Let me look up that provision because the last time I looked at it there was something about it that was a little different.

Customer: I know of at least 6 of these filings he has made to myself and other relatives to cloud title.
Dwayne B. :

Do you remember the statute #?

Customer: Yes76-6-503-5
Dwayne B. :

Did he file any after the injunction was issued?

Dwayne B. :

And was the injunction specifically issued under the Wrongful Lien statute?

Customer: Yes - deed and 8 days after I listed it for sale in June another lien - order from court was 2009.
Customer: Not sure of statute from 2009.
Dwayne B. :

I don't know that the deed will be prosecutable. It might be but that centers around his beliefs and that is hard to win for a DA. The thing that I remembered that was a little different about the statute is that it specifically requires that the injunction have been issued under Title 38, Chapter 9a, Wrongful Lien Injunctions

Dwayne B. :

If the order was specifically issued under the chapter then it is a prosecutable offense but it wouldn;t be a contempt of court.

Dwayne B. :

When you talk to the DA reference the statute and not contempt of court.

Dwayne B. :

Although you could bring a contempt of court actions yourself, of course.

Dwayne B. :

The advantage of the Da is that there is no cost to you.

Customer: Ok, thank you - I will speak to the atty who handled this - currently unavailable
Dwayne B. :

Yes, he may want to approach the DA for you. Often having an attorney ask that charges are filed will get more results than when a citizen asks.

Customer: Ok , thank you
Dwayne B. :

You're very welcome. Anything else I can assist you with? Do you need a link to the statute or do you already have it?

Customer: I'm good - thanks
Dwayne B. :

All right. If you get a chance, stop back at this thread and let me know what happens.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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