First Substitute S.B. 121

1

RECORDING JUDGMENTS ON REAL PROPERTY
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: L. Alma Mansell
5 AN ACT RELATING TO THE JUDICIAL CODE, JUDGMENTS; ENACTING AND
6 AMENDING PROVISIONS ON RECORDING JUDGMENT LIENS; CREATING
7 REGISTRY OF JUDGMENTS IN THE DISTRICT COURTS; REQUIRING IDENTIFYING
8 INFORMATION AND PROVIDING EXEMPTIONS; SETTING THE EFFECTIVE DATE
9 OF THE PROVISIONS; AND MAKING TECHNICAL CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 78-22-1, as repealed and reenacted by Chapter 127, Laws of Utah 1992
13 ENACTS:
14 78-22-1.5, Utah Code Annotated 1953
15 Be it enacted by the Legislature of the state of Utah:
16 Section 3. Section 78-22-1 is amended to read:
17 78-22-1. Duration of judgment -- Judgment as lien upon real property -- Abstract
18 of judgment -- Small claims judgment not lien.
19 (1) Judgments shall continue for eight years unless previously satisfied or unless
20 enforcement of the judgment is stayed in accordance with law.
21 (2) Except as limited by [Subsection] Subsections (4) and (5), the entry of judgment by
22 a district court is a lien upon the real property of the judgment debtor, not exempt from execution,
23 owned or acquired during the existence of the judgment, located in the county in which the
24 judgment is entered when the judgment is recorded in the Registry of Judgments as defined in
25 Section 78-22-1.5.
26 (3) An abstract of judgment issued by the court in which the judgment is entered may be
27 filed and docketed in any court of this state and shall have the same force and effect as a judgment

1 entered in that court.
2 (4) A judgment entered in the small claims division of any court shall not qualify as a lien
3 upon real property unless filed and docketed in accordance with Subsection (3). This Subsection
4 (4) shall apply to all small claims judgments entered on or after April 27, 1992.
5 (5) Any lien upon real property arising from a judgment shall be subject to the provisions
6 of Section 78-22-1.5. This subsection shall apply to any judgment entered by the court on or after
7 May 5, 1997.
8 Section 2. Section 78-22-1.5 is enacted to read:
9 78-22-1.5. Definitions -- Judgment recorded in Registry of Judgments -- Correct
10 identifying information required to effectuate valid lien.
11 (1) For purposes of this section, "Registry of Judgments" means the S [searchable] s index
12 where a judgment shall be recorded S AND SEARCHABLE s by the name of the judgment debtor
12a through electronic means
13 or by tangible document.
14 (2) A judgment rendered in a district court does not create a lien upon or affect the title
15 to real property unless S [:] s
16 S [(a)] s the judgment is recorded in the Registry of Judgments of the office of the clerk of the
17 district court of the county in which the property is located S [; and] . s
18 S [ (b) the judgment creditor or its successor recording the judgment correctly identifies the
19 judgment debtor by name and by means of one of the following:
20 (i) the judgment debtor's correct social security number;
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Amend on 2_goldenrod February 17, 1997 21 (ii) the judgment debtor's correct driver's license number; or
22 (iii) the judgment debtor's date of birth.
23 (3) If the judgment debtor is a legal or corporate entity which has no identifying data as
24 required in Subsections (2)(b)(i) through (iii), the judgment lien shall correctly identify the
25 judgment debtor's federal tax identification number.] s

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