Utah Code § 78B-6-1303

Current through the 2024 Fourth Special Session
Section 78B-6-1303 - Lis pendens - Notice
(1)
(a) Any party to an action filed in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, a district court of this state, or the Business and Chancery Court of this state, that affects the title to, or the right of possession of, real property may file a notice of pendency of action.
(b) A party that chooses to file a notice of pendency of action shall:
(i) first, file the notice with the court that has jurisdiction of the action; and
(ii) second, record a copy of the notice filed with the court with the county recorder in the county where the property or any portion of the property is located.
(c) A person may not file a notice of pendency of action unless a case has been filed and is pending in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, a district court of this state, or the Business and Chancery Court of this state.
(2) The notice shall contain:
(a) the caption of the case, with the names of the parties and the case number;
(b) the object of the action or defense; and
(c) the specific legal description of only the property affected.
(3) From the time of filing the notice, a purchaser, an encumbrancer of the property, or any other party in interest that may be affected by the action is considered to have constructive notice of pendency of action.

Utah Code § 78B-6-1303

Amended by Chapter 401, 2023 General Session ,§ 119, eff. 7/1/2024.
Amended by Chapter 306, 2016 General Session ,§ 1, eff. 5/10/2016.
Enacted by Chapter 3, 2008 General Session