Second 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; SETTING THE EFFECTIVE
8 DATE OF THE PROVISIONS; AND MAKING TECHNICAL CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 78-22-1, as repealed and reenacted by Chapter 127, Laws of Utah 1992
12 ENACTS:
13 78-22-1.5, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 78-22-1 is amended to read:
16 78-22-1. Duration of judgment -- Judgment as lien upon real property -- Abstract
17 of judgment -- Small claims judgment not lien.
18 (1) Judgments shall continue for eight years unless previously satisfied or unless
19 enforcement of the judgment is stayed in accordance with law.
20 (2) [Except] Prior to July 1, 1997, except as limited by Subsection (4), the entry of
21 judgment by a district court is a lien upon the real property of the judgment debtor, not exempt
22 from execution, owned or acquired during the existence of the judgment, located in the county in
23 which the judgment is entered.
24 (3) [An] Prior to and after July 1, 1997, an abstract of judgment issued by the court in
25 which the judgment is entered may be filed and docketed in any court of this state and shall have
26 the same force and effect as a judgment entered in that court.
27 (4) [A] Prior to July 1, 1997, a judgment entered in the small claims division of any court

1 shall not qualify as a lien upon real property unless filed and docketed in accordance with
2 Subsection (3). This Subsection (4) shall apply to all small claims judgments entered on or after
3 April 27, 1992.
4 Section 2. Section 78-22-1.5 is enacted to read:
5 78-22-1.5. Definitions -- Judgment recorded in Registry of Judgments -- Correct
6 identifying information required to effectuate valid lien.
7 (1) For purposes of this section, "Registry of Judgments" means the index where a
8 judgment shall be recorded and searchable by the name of the judgment debtor through electronic
9 means or by tangible document.
10 (2) On or after July 1, 1997, a judgment rendered or recorded in a district court does not
11 create a lien upon or affect the title to real property unless the judgment is recorded in the Registry
12 of Judgments of the office of the clerk of the district court of the county in which the property is
13 located.

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