Utah Code 57-31-202. Petition to nullify fraudulent deed — Notice to purported grantor and purported grantee — Summary relief
Current as of: 2024 | Check for updates
|
Other versions
(1) A record interest holder may petition a court to nullify a fraudulent deed and record a lis pendens on a property affected by the fraudulent deed.
Terms Used In Utah Code 57-31-202
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Deed: means an instrument in writing, including any conveyance that affects, purports to affect, describes, or otherwise concerns any right, title, or interest in real property. See Utah Code 57-31-101
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
- Fraudulent deed: means a deed that is not executed or authorized to be executed by the record interest holder. See Utah Code 57-31-101
- Grantor: The person who establishes a trust and places property into it.
- Interest holder: means a person who holds or possesses a present, lawful property interest in real property. See Utah Code 57-31-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Purported grantee: means a person who is identified as the grantee on a fraudulent deed. See Utah Code 57-31-101
- Purported grantor: means a person who executes or causes to be executed a fraudulent deed. See Utah Code 57-31-101
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5
- Record interest holder: means a person:
(6)(a) who holds or possesses a present, lawful property interest in real property; and(6)(b) whose name and interest in the real property appears in the county recorder's records for the county in which the property is located. See Utah Code 57-31-101- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) A petition described in Subsection (1) shall:(2)(a) state with specificity that the deed is a fraudulent deed; and(2)(b) be supported by a sworn affidavit of the record interest holder.(3)(3)(a) A court considering a petition described in Subsection (1) may dismiss the petition without a hearing, if the court finds the petition insufficient.(3)(b) If the court dismisses a petition as described in Subsection (3)(a), the court shall include the reason for dismissing the petition in the order of dismissal.(3)(c) If the court finds the petition sufficient, the court shall schedule a hearing within 10 days after the day on which the petition is filed for the purpose of determining whether the deed is a fraudulent deed.(3)(d) The record interest holder shall serve a copy of the petition and a copy of the notice of the hearing on the purported grantee and, if known to the record interest holder, the purported grantor.(3)(e) The purported grantor and purported grantee may attend the hearing described in Subsection (3)(c) to contest the petition.(4) A proceeding under this section:(4)(a) may only determine whether a document is a fraudulent deed; and(4)(b) may not determine any other property or legal rights of the parties or restrict other legal remedies of any party.(5)(5)(a) If, after the hearing described in Subsection (3), a court determines that a deed is a fraudulent deed:(5)(a)(i) the court shall:(5)(a)(i)(A) issue an order declaring the fraudulent deed void ab initio and the fraudulent deed provides no conveyance of any interest in real property;(5)(a)(i)(B) in the order described in Subsection (5)(a)(i)(A), include a legal description of the property and a reference to the recording of the fraudulent deed; and(5)(a)(i)(C) award costs and reasonable attorney fees to the petitioner; and(5)(a)(ii) the record interest holder shall submit a certified copy of the order, containing a legal description of the real property, to the county recorder for recording.(5)(b) If, after the hearing described in Subsection (3), a court determines that the deed is not a fraudulent deed:(5)(b)(i) the court:(5)(b)(i)(A) shall dismiss the petition;(5)(b)(i)(B) may award costs and reasonable attorney fees to the purported grantor and purported grantee; and(5)(b)(i)(C) shall include in the dismissal order a legal description of the property; and(5)(b)(ii) the purported grantor or purported grantee shall record a certified copy of the dismissal order.(6) If a petition under this section contains a claim for damages, a court may not expedite the proceedings related to the claim for damages. - Record interest holder: means a person: