Depatco, Inc. v. Teton View Golf Estates, LLC, 2014 UT App 266, 339 P.3d 126 (Nov. 14, 2014)
Nov 14, 2014
A member of an LLC held a first-position deed of trust on property owned by the LLC, and a non-member creditor held a mechanics lien, junior to the deed of trust, on the same property. The court held that § 48-2c-1308 of the Revised Limited Liability Company Act gives the non-member creditor priority over the member creditor, irrespective of the deed of trust. The court also rejected the member creditor’s argument that the LLC had altered the priority scheme of § 48-2c-1308 in its operating agreement. The law requiring this result has been repealed, but it remains in effect for limited liability companies formed before January 1, 2014 until the newly enacted Utah Revised Uniform Limited Liability Company Act fully replaces the old law on January 1, 2016.