File a Notice of Construction Loan
Who should file a Notice of Construction Loan?
Done by: A Bank or Title Company
For: Private Projects
When: Promptly after recording a Trust Deed for a construction loan.
The construction lender shall promptly file a notice of construction loan after recording a mortgage or trust deed securing a construction loan. A construction loan does not include a consumer loan secured by the equity in the consumer's home. For more information see Utah Code 38-1a-601.
Starting January 1, 2020, a new filing type, "A Notice of Intent to Finance" has been added to the State Construction Registry.
The legislature created this filing in the 2019 session with bill HB 0395.
The "Intent to Finance" must be filed at least 14 days before the anticipated financing date. If a Notice of Construction Loan is not filed within 30 days after the anticipated financing date, the notice of intent to finance shall automatically have no effect and will be removed from the registry.
When a Notice of Intent to Finance has been filed, an email alert will be sent to everyone who has filed a Preliminary Notice or any other notice against the same parcel number, informing them that a date for financing has been determined. It will also encourage the subcontractors and suppliers to file a Final Lien Waiver on their preliminary notice (if applicable).