Utah · TitleUtah lis pendens: filing with the court, recording and a buyer's motion to release

A party to a pending action in a Utah state court or the federal district or bankruptcy court for Utah that affects title to, or the right to possess, real property may file a notice of pendency of action – first with the court, then by recording a copy with the county recorder where the property lies. The notice gives the case caption, parties and number, the object of the action or defense and the legal description of only the affected property, and from its filing purchasers, encumbrancers and other interested parties have constructive notice (Utah Code §78B-6-1303). Any time afterwards, a party or a person with an interest in the property – including a prospective purchaser with an executed purchase contract – can move to release it. The court must release it if the claimant doesn't establish the validity of the real property claim by a preponderance of the evidence; in a specific-performance case, also if the statute of frauds isn't met or the elements of specific performance aren't shown. A released claimant can't record a new notice on the same property without court permission, and the court can require the claimant to post security as a condition of keeping the notice (§78B-6-1304).