S.B. 121

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RECORDING JUDGMENTS ON REAL PROPERTY
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: L. Alma Mansell
5 AN ACT RELATING TO REAL ESTATE; RECORDING OF DOCUMENTS; ENACTING
6 AND AMENDING PROVISIONS ON RECORDING JUDGMENT LIENS; PROVIDING
7 THE EFFECTIVE DATE OF THE PROVISIONS; AND MAKING TECHNICAL CHANGES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 57-3-3, as last amended by Chapter 88, Laws of Utah 1989
11 78-22-1, as repealed and reenacted by Chapter 127, Laws of Utah 1992
12 ENACTS:
13 57-3-13, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 57-3-3 is amended to read:
16 57-3-3. Effect of failure to record.
17 Each document including any judgment not recorded as provided in this title is void as
18 against any subsequent purchaser of the same real property, or any portion of it, if:
19 (1) the subsequent purchaser purchased the property in good faith and for a valuable
20 consideration; and
21 (2) the subsequent purchaser's document is first duly recorded.
22 Section 2. Section 57-3-13 is enacted to read:
23 57-3-13. Recordation of judgments.
24 (1) Each county recorder shall accept for recording certified copies of judgments filed in
25 the courts of this state that:
26 (a) give rise to monetary liens under Sections 78-22-1 and 78-22a-1; or
27 (b) concern title to or interests in real property.

1 (2) The certified copy of the judgment shall contain or have appended to it a legal
2 description identifying the property affected by the judgment or judgment lien and, in the case of
3 a judgment giving rise to a monetary lien, a written statement executed and acknowledged by the
4 judgment creditor or its successor, stating:
5 (a) the name and address of the judgment creditor or its successor;
6 (b) that the judgment creditor or its successor holds all of the interest of the creditor under
7 the judgment;
8 (c) that the judgment is in whole or in part unsatisfied; and
9 (d) that the judgment debtor owns an interest in the described real property upon which
10 a judgment lien is claimed.
11 (3) Upon satisfaction of any judgment giving rise to a monetary lien that has been recorded
12 under Subsections (1) and (2) of this section, the judgment creditor or its successor shall, in
13 addition to filing a satisfaction of judgment pursuant to Rule 58B, Utah Rules of Civil Procedure,
14 record a certified copy of the satisfaction of judgment attached to a legal description of all real
15 property to which the judgment has previously been recorded in the office of each county recorder
16 in which the judgment has been recorded.
17 (4) Any judgment, whether or not recorded, that does not comply with the requirements
18 of Subsections (1) and (2) of this section may not give rise to constructive notice as to its content
19 and shall be considered unrecorded for purposes of Section 57-3-3.
20 Section 3. Section 78-22-1 is amended to read:
21 78-22-1. Duration of judgment -- Judgment as lien upon real property -- Abstract
22 of judgment -- Small claims judgment not lien.
23 (1) Judgments shall continue for eight years unless previously satisfied or unless
24 enforcement of the judgment is stayed in accordance with law.
25 (2) Except as limited by [Subsection] Subsections (4) and (5), the entry of judgment by
26 a district court is a lien upon the real property of the judgment debtor, not exempt from execution,
27 owned or acquired during the existence of the judgment, located in the county in which the
28 judgment is entered.
29 (3) An abstract of judgment issued by the court in which the judgment is entered may be
30 filed and docketed in any court of this state and shall have the same force and effect as a judgment
31 entered in that court.

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1 (4) A judgment entered in the small claims division of any court shall not qualify as a lien
2 upon real property unless filed and docketed in accordance with Subsection (3). This Subsection
3 (4) shall apply to all small claims judgments entered on or after April 27, 1992.
4 (5) Any lien upon real property arising from a judgment shall be subject to the provisions
5 of Sections 57-3-3 and 57-3-13. This subsection shall apply to any judgment entered by the court
6 on or after May 5, 1997.




Legislative Review Note
as of 1-9-97 4:18 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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