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First Substitute H.B. 256
Representative Thomas V. Hatch proposes to substitute the following bill:
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JUDGMENTS LIEN REVISION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Thomas V. Hatch
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AN ACT RELATING TO THE JUDICIAL CODE; CHANGING THE PLACE TO FILE
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JUDGMENT LIENS FROM THE DISTRICT COURT TO THE COUNTY RECORDER'S
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OFFICE; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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57-3-106, as renumbered and amended by Chapter 61 and last amended by Chapter 85,
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Laws of Utah 1998
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78-5-119, as enacted by Chapter 157, Laws of Utah 1989
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78-22-1, as last amended by Chapter 75, Laws of Utah 1999
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78-22-1.5, as last amended by Chapter 327, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
57-3-106
is amended to read:
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57-3-106. Original documents required -- Captions -- Legibility.
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(1) (a) Unless otherwise provided, documents presented for recording in the office of the
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county recorder shall:
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(i) be originals; and
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(ii) contain a brief caption stating the nature of the document.
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(b) If a document is a master form, as defined in Section
57-3-201
, the caption required
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by Subsection (1)(a)(ii) shall state that the document is a master form.
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(2) Court judgments presented for recording in accordance with Section
78-22-1
shall be
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originals or certified copies.
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[(2)] (3) Documents presented for recording shall also be sufficiently legible for the
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recorder to make certified copies.
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[(3)] (4) (a) A document which is of record in the office of the appropriate county recorder
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in compliance with this chapter, may not be recorded again in that same county recorder's office
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unless the original document has been reexecuted by all parties who executed the document.
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Unless exempt by statute, original documents which are reexecuted must also contain the
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appropriate acknowledgment, proof of execution, jurat or other notarial certification for all parties
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who are reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act,
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and Title 57, Chapter 2, Acknowledgments. Documents submitted for rerecording shall contain
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a brief statement explaining the reason for rerecording.
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(b) A county recorder may refuse to accept a document for rerecording if that document
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does not conform to the requirements of this section.
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(c) Subsection [(3)] (4) of this section applies only to documents executed after July 1,
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1998.
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[(4)] (5) Documents of record in the office of a county recorder, containing minor
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typographical or clerical errors, may be augmented, amended, or corrected by the recording of an
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affidavit or other appropriate instrument.
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Section 2.
Section
78-5-119
is amended to read:
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78-5-119. Judgment not a lien unless so docketed.
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(1) A judgment rendered in a justice court does not create a lien upon any lands of the
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judgment debtor unless the judgment or an abstract of the judgment is [filed and docketed]
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recorded in the office of the [clerk of the district court] county recorder of the county in which the
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lands are located.
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(2) When [filed and docketed] recorded, the judgment is a lien upon the real property of
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the judgment debtor that is not exempt from execution and is situated in that county for eight years
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from the date the judgment was entered unless the judgment is earlier satisfied.
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Section 3.
Section
78-22-1
is amended to read:
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78-22-1. Duration of judgment -- Judgment as lien upon real property -- Abstract
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of judgment -- Small claims judgment not lien -- Appeal of judgment.
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(1) Judgments shall continue for eight years from the date entered by the court unless
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previously satisfied or unless enforcement of the judgment is stayed in accordance with law.
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(2) Prior to July 1, 1997, except as limited by Subsections (4) and (5), the entry of
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judgment by a district court [is] shall become a lien upon [the] any real property of the judgment
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debtor, not exempt from execution, owned or acquired during the existence of the judgment, and
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located in the county in which the judgment is entered.
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(3) Prior to and after July 1, 1997, an abstract of judgment issued by the court in which the
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judgment is entered may be recorded in any court of this state and shall have the same force and
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effect as a judgment entered in that court.
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(4) Prior to July 1, 1997, and after May 15, 1998, a judgment entered in the small claims
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division of any court shall not qualify as a lien upon real property unless abstracted to the civil
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division of the district court and recorded in accordance with Subsection (3).
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(5) (a) If any judgment is appealed, upon deposit with the court where the notice of appeal
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is filed of cash or other security in a form and amount considered sufficient by the court that
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rendered the judgment to secure the full amount of the judgment, together with ongoing interest
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and any other anticipated damages or costs, including attorney's fees and costs on appeal, the lien
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created by Subsection (2) shall be terminated as provided in Subsection (5)(b).
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(b) Upon the deposit of sufficient security as provided in Subsection (5)(a), the court shall
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enter an order terminating the lien created by the judgment under Subsection (2) and granting the
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judgment creditor a perfected lien in the deposited security as of the date of the original judgment.
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(6) After July 1, 2000, except as limited by Subsections (4) and (5), the entry of judgment
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by a district court shall become a lien upon any real property of the judgment debtor, not exempt
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from execution, owned or acquired during the existence of the judgment, and located in the county
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in which the judgment is entered, upon the date the judgment or abstract of judgment is recorded
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in the office of the county recorder of the county in which real property owned by the judgment
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debtor is located.
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(7) When a judgment has been recorded, the county recorder shall:
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(a) enter the judgment in the appropriate index as required under the provisions of Section
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17-21-6
; and
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(b) if the judgment contains a legal description, abstract the judgment against the real
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property described in the judgment.
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Section 4.
Section
78-22-1.5
is amended to read:
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78-22-1.5. Definitions -- Judgment recorded.
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(1) For purposes of this section, "Registry of Judgments" means the index where a
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judgment shall be recorded and searchable by the name of the judgment debtor through electronic
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means or by tangible document.
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(2) On or after July 1, 1997, a judgment rendered or recorded in a district court does not
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create a lien upon or affect the title to real property unless the judgment is recorded in the Registry
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of Judgments of the office of the clerk of the district court of the county in which the property is
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located.
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(3) In addition to the requirement of Subsection (2), any judgment that is recorded in the
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Registry of Judgments on or after September 1, 1998, shall include a separate information
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statement of the judgment creditor that contains:
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(a) the correct name and last-known address of each judgment debtor and the address at
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which each judgment debtor received service of process;
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(b) the name and address of the judgment creditor;
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(c) the amount of the judgment as entered in the Registry of Judgments;
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(d) if known, the judgment debtor's social security number, date of birth, and driver's
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license number if a natural person; and
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(e) whether or not a stay of enforcement has been ordered by the court and the date the stay
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expires.
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(4) On or after July 1, 2000, a judgment entered or recorded in a district court does not
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create a lien upon or affect the title to real property unless the judgment is recorded in the office
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of the county recorder in the county in which property of the judgment debtor is located.
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[(4)] (5) For the information required in Subsection (3), the judgment creditor shall:
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(a) provide the information on the separate information statement if known or available
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to the judgment creditor from its records, its attorney's records, or the court records in the action
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in which the judgement was entered; or
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(b) state on the separate information statement that the information is unknown or
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unavailable.
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[(5)] (6) (a) Any judgment that requires payment of money and is recorded on or after
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September 1, 1998, and is not accompanied by the separate information statement as required in
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Subsections (3) and [(4)] (5) may be amended by recording a document entitled "Amendment to
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Recorded Judgment" in the Registry of Judgments in compliance with Subsections (3) and [(4)]
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(5).
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(b) The amendment to the recorded judgment shall state the date of recording the original
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judgment in the Registry of Judgments.
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(c) Recording an amendment to a recorded judgment has no effect on the computation of
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time as provided in Section
78-22-1
.
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[(6)] (7) A judgment that requires payment of money recorded on or after September 1,
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1998, has as its priority the date of compliance with Subsections (3) and [(4)] (5).
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Section 5. Effective date.
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This act takes effect on July 1, 2000.
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