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Morris Sperry Obtains Fifteen Million Dollar Wrongful Lien Trial Verdict Against Ranches Master Association for Recording Unlawful Notices and Declaration Amendments Against Morris Sperry's Association Clients' Lots and Units.

May 31, 2017

 

In what is almost certainly the largest wrongful lien verdict in Utah and perhaps the largest in the United States, Morris Sperry lawyers obtained a $15,110,000 wrongful lien judgment (pursuant to the Utah Wrongful Lien Act beginning at Utah Code Ann. Section 38-9-101) for their clients after a week-long trial. The judgment out of the Fourth District Court includes over fourteen million dollars in wrongful lien statutory damages and over half a million dollars in attorney fees. The trial judgment included both an award of $3,000 per interest holder under Utah Code Ann. Section 38-9-203(1) and an award of $10,000 per interest holder under Utah Code Ann. Section 38-9-203(2). The judgment was obtained for three association clients, Cold Springs, Rock Creek, and Willow Springs in the Ranches at Eagle Mountain. In addition to the massive verdict, Morris Sperry obtained an order of quiet title eliminating forever any obligation of the owners in Morris Sperry's client associations to pay assessments to the Ranches master association and clearing the title to their homes of any CC&Rs, declarations, bylaws, notices of liens, and other documents previously recorded by the Ranches.

It started when Morris Sperry was retained to review some irregularities in the amendment procedures used by the Ranches master association. Morris Sperry lawyers figured out that the Ranches documents had serious legal defects and could potentially be invalidated, freeing Morris Sperry's clients from any obligations of the master association and eliminating over ten thousand dollars a month in assessments being paid by the owners in Morris Sperry's client associations. Based on the detailed and extensive analysis of the legal issues prepared by Morris Sperry, their clients were confident going forward with an extraordinary challenge to the Ranches authority even though the master association had operated for more than ten years. When the Ranches refused to release its documents, Morris Sperry filed and prosecuted a lawsuit that involved complicated legal and equitable issues.The Morris Sperry attorneys' unparallelled understanding of HOA law and extensive complex litigation experience allowed their clients to achieve this amazing trial result and huge verdict. When you have an HOA legal problem and you really want the right answer, this case is just one more example of why Morris Sperry is the only choice in Utah.

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