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dcragun

09/16/09 2:12 PM

#33852 RE: CopperKen #33842

In my opinion the $10,000.00 + trucking issue is nominal at best. Have you ever made dinner and not got a bit of flour on the ground, spot of sauce on your clothes, etc.....? This is just the reality of trying to pull off an immense project and running into your average chaos theory scenario.

The $1.5 million dollar lien is just an additional step for a creditor to "secure" the loan that they've made. Perfecting it in real property just increases their chance of getting paid ahead of other creditors and increases the number of remedies they can take to ensure payment. The money was owed before, it is owed once perfected and now they are taking the next step via the trustee's sale. I have no personal knowledge of this particular sale but every single one I've been involved in has been pulled within the 72 hours preceding the sale. The reasons have varied from the debt being paid off and satisifed, additional compensation being added to the principal, renegotiation of terms, etc....

I had a trial scheduled yesterday in Farmington, Utah and for 1.5 years the parties were not mentally at the point they could settle. The hour before the trial both parties were finally in the mind set to negotiate and we settled it just before the trial. I think it is the norm in our busy lives to procrastinate and deal with those issues pending now and we'll deal with issues as they pop up. While maybe not the best methodology it is reality. Hope this helps but just my opinion.