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S.B. 121 Enrolled

    

RECORDING JUDGMENTS ON REAL PROPERTY

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: L. Alma Mansell

    AN ACT RELATING TO THE JUDICIAL CODE, JUDGMENTS; ENACTING AND
    AMENDING PROVISIONS ON RECORDING JUDGMENT LIENS; CREATING
    REGISTRY OF JUDGMENTS IN THE DISTRICT COURTS; SETTING THE
    EFFECTIVE DATE OF THE PROVISIONS; AND MAKING TECHNICAL CHANGES.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         78-22-1, as repealed and reenacted by Chapter 127, Laws of Utah 1992
    ENACTS:
         78-22-1.5, Utah Code Annotated 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 78-22-1 is amended to read:
         78-22-1. Duration of judgment -- Judgment as lien upon real property -- Abstract
     of judgment -- Small claims judgment not lien.
        (1) Judgments shall continue for eight years unless previously satisfied or unless
    enforcement of the judgment is stayed in accordance with law.
        (2) [Except] Prior to July 1, 1997, except as limited by Subsection (4), the entry of
    judgment by a district court is a lien upon the real property of the judgment debtor, not exempt
    from execution, owned or acquired during the existence of the judgment, located in the county in
    which the judgment is entered.
        (3) [An] Prior to and after July 1, 1997, an abstract of judgment issued by the court in
    which the judgment is entered may be filed and docketed in any court of this state and shall have
    the same force and effect as a judgment entered in that court.
        (4) [A] Prior to July 1, 1997, a judgment entered in the small claims division of any court
    shall not qualify as a lien upon real property unless filed and docketed in accordance with
    Subsection (3). This Subsection (4) shall apply to all small claims judgments entered on or after

    April 27, 1992.
        Section 2. Section 78-22-1.5 is enacted to read:
         78-22-1.5. Definitions -- Judgment recorded in Registry of Judgments.
        (1) For purposes of this section, "Registry of Judgments" means the index where a judgment
    shall be recorded and searchable by the name of the judgment debtor through electronic means or
    by tangible document.
        (2) On or after July 1, 1997, a judgment rendered or recorded in a district court does not
    create a lien upon or affect the title to real property unless the judgment is recorded in the Registry
    of Judgments of the office of the clerk of the district court of the county in which the property is
    located.

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