Utah Code 78B-6-1303. Lis pendens — Notice
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Terms Used In Utah Code 78B-6-1303
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Notice: means a notice of the pendency of an action filed under Section
78B-6-1303 . See Utah Code 78B-6-1302 - Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(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.(1)(b) A party that chooses to file a notice of pendency of action shall:(1)(b)(i) first, file the notice with the court that has jurisdiction of the action; and(1)(b)(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.(1)(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:
(2)(a) the caption of the case, with the names of the parties and the case number;
(2)(b) the object of the action or defense; and
(2)(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.