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Judgment Lien On Jointly Owned Property In Utah
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Multi-State
Control #:
US-0025LTR
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FAQ
Regarding your question about jointly owned property, it is possible for a lien to be placed on it unless it is held "by the entirety," which is a special way that a deed can be held by a married couple. However, if it is not held in this specific manner, there is a potential for a lien to be placed.
To attach the lien, the creditor records the judgment in the office of the county recorder in any Utah county where the debtor owns property now or may own property in the future.
Judgment Lien File the judgment or Abstract of Judgment in the office of the County Recorder in the county in which the debtor's real property is located. If the debtor has real property in more than one county, file in each county. Also file with the County Recorder a Judgment Information Statement.
Who May File a Lien? Any person who provides preconstruction service or construction work on or for a project at the request of the owner, including providers of materials, services, equipment or labor, may file a mechanic's lien for the reasonable value of the preconstruction service or construction work.
If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.
A property owner can choose to place a lien on their property. A voluntary lien is a claim over the property that a homeowner agrees to give to a creditor as security for the payment of a debt. A mortgage lien is the most common type of voluntary real estate lien, also called a deed of trust lien in some states.
The duration of a judgment lien in the state of Utah resulting from the docketing of a judgment, abstract of judgment, transcript of judgment or warrant for delinquent taxes, runs as follows: 8 years for all judgments (U.C.A. 78B-5-202) and ten years for tax warrants (U.C.A. 59-1-1414(6)).
A Utah tax lien search can be done in person or online at the county recorder's office where a person resides. Utah tax liens are recorded at the county recorder's office and are available to members of the public upon request.
More info
File the judgment or Abstract of Judgment in the office of the County Recorder in the county in which the debtor's real property is located. The court has signed an order instructing you to answer under oath the following questions about your property.Especially in Utah, where judgement liens can remain attached to your property for up to eight yearseven if it changes hands. The judgment debtor must not sell, transfer or dispose of any non-exempt property. (For a list of exempt property, see Utah Exemptions Act, Utah Code 78B-5-501. You will receive information and documents at this email address. In the District Justice Court of Utah. In Utah, judgment liens may only be placed on real property. Under this form of ownership, your coowners creditors can obtain a lien and sell his interest in the property. The court has scheduled a hearing at which you must appear and answer under oath questions about your property.
