Lis pendens -- Notice.

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  • (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, or a Utah district court 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 a United States or Utah district court.
  • (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.




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