David Leta

David Leta

Snell & Wilmer

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Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

On March 25, Utah became the first state to enact the Uniform Commercial Real Estate Receivership Act (“UCRERA”) which was drafted by the National Conference of Commissioners on Uniform State Laws (the “Conference”) and...more

3/28/2017 - New Legislation Real Estate Market Receivership

Utah Enacts Uniform Voidable Transactions Act

On March 21, 2017, Utah joined about a dozen other states in enacting the Uniform Voidable Transactions Act (the Act). This statute, which is found at §25-6-101 et seq., amends Utah’s Uniform Fraudulent Transfer Act (§25-6-1...more

3/27/2017 - Burden of Proof Choice-of-Law Fraudulent Transfers Insolvency UFTA Uniform Voidable Transactions Act (UVTA)

Real Estate Lien Priority Case - Effect of Subordination Agreement on Junior Liens

In a recent decision, the Utah Supreme Court addressed a matter of first impression in Utah, namely, whether a subordination agreement between two senior lenders, which reversed the priority of their respective liens against...more

4/24/2015 - Countrywide Junior Lenders Lien Priority Mortgages Non-Parties Subordination Subordination Agreement UT Supreme Court

Utah Court of Appeals Limits Third-Party Beneficiary Contract Claims Against Appraisers, but Recognizes Tort Based Third-Party...

In Lilley v. JPMorgan Chase, et al, 748 UT Adv. Rpt. 48, 213 Utah App. 285, Nov. 20, 2013, the Utah Court of Appeals affirmed an order of the District Court dismissing the Plaintiffs’ breach of contract action against an...more

1/13/2014 - Appraisal Breach of Contract Construction Contracts Default JPMorgan Chase Lenders Loans Third-Party Beneficiaries Third-Party Risk

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