Utah Lien: A Complete Guide to Liens in the State

A lien in Utah is a legal claim a creditor has on someone’s property until a debt is satisfied. When a claimant files a lien, they have the legal right to collect the debt or take action against the property. Utah, like many states, has specific rules for different types of liens. To prevent complications, it is important to understand Utah’s lien laws, how to search for lien records, how long liens last, and the process for removing them.

What Is a Lien in Utah?

The Title 38 of the Utah Code regulates the different types of liens that may be placed on a property within the state. Typically, liens can apply to both real estate and personal property of an individual or entity. Once it is recorded with the appropriate office, they become accessible to the public and can inform title companies of debt claims on a property.

Moreover, liens are a reliable legal remedy that creditors can use to collect on a debt. For property owners, they may prevent the ability to sell or refinance the property until the debt is fully paid.

Types of Liens in Utah

In Utah, several types of liens are commonly filed in the state and county offices, with each serving a different purpose:

A lessor’s lien is a legal claim a landlord has on a tenant’s property to secure unpaid rent. If the tenant does not pay, the landlord may keep or sell the property to cover the debt. Also, a creditor can obtain a judgment lien in Utah after winning a court judgment against a debtor. This lien gives the creditor a legal claim on the debtor’s property to help collect the debt.

When a property owner takes a mortgage loan, the lender gets a mortgage lien on the property. If the borrower fails to pay when due, the lender can foreclose on the property to recover the debt. Moreover, the Internal Revenue Service (IRS) can place a legal claim, called a federal tax lien, on a taxpayer’s property in Utah if the federal taxes are not paid. This lien applies to both personal and real property and gives the government priority over most other creditors.

Typically filed with the county recorder’s office in the county where the property is located, oil, gas, and mining liens grant a supplier or worker a legal claim on land or property. These liens stay in place until the debt is paid or the lien is released. A legal claim that a hospital places on a patient’s personal injury settlement to recover the cost of medical care provided is referred to as a hospital lien. It applies when the patient received treatment for injuries caused by another person.

How to Search for Liens in Utah

In Utah, lien records are spread across a few different offices and can be accessed in various ways depending on the type:

• County Recorder’s Office: This is the main source for real estate lien records. Mortgages, judgment liens, and federal tax liens are filed there, and searches can be done in person and online.
• County Assessor’s Office: The county assessor maintains property tax lien records and can confirm whether delinquent taxes exist on a record.
• Utah State Courts: Judgment liens result from court decisions and can be searched by visiting the court clerk’s office or through the Utah Courts’ Xchange system.
• Title Companies: These companies combine records from multiple sources to ensure property titles are clear.

Lien records in Utah typically include the property description, creditor’s name, recording date, and amount owed.

Lien Records in Major Utah Cities

• Salt Lake City (Salt Lake County): By providing a parcel number or property address, interested parties can find lien records through the Property Search portal maintained by the Salt Lake County Recorder.
• West Valley City (Salt Lake County): Since West Valley City is located in Salt Lake County, record seekers can find property-related liens filed with the Salt Lake County Recorder.
• Provo (Utah County): The Web Access to Utah County Land Records offers online searches for property and land records throughout the county, including the city of Provo.
• West Jordan (Salt Lake County): The city of West Jordan is also under the jurisdiction of the Salt Lake County Recorder’s Office.
• Orem (Utah County): Lien filings in Orem are managed by the Utah County Recorder’s Office.

How Long Does a Lien Stay on Property in Utah?

• Property Tax Lien: This lien can stay until the debt is paid. Failure to pay permits the county to sell the property at a tax sale.
• Mechanic’s Lien: After being recorded, a mechanic’s lien must be enforced within 180 days.
• Judgment Lien: By statute, a judgment lien in Utah lasts for eight years from the date the judgment is entered.
• Mortgage Lien: A mortgage lien stays attached to the property until the loan is paid off.
• Tax Liens (IRS): The IRS has a 10-year statute of limitations on collecting taxes.

How to Remove a Lien in Utah

In Utah, liens are often cleared through the following approaches:

1. Filing Bankruptcy: Some debts may be discharged if a debtor files bankruptcy and the court approves it.
2. Negotiating a Settling: The lienholder can file a release to clear the debt if they agree to accept partial payment.
3. Court Petition: Property owners can file a motion for the removal of a lien if it is fraudulent or improperly filed.
4. Recording a Release or Satisfaction: Property owners should confirm that the lienholder records the release to clear the title.

Liens play an important role in debt and property collection in Utah. They ensure that debtors fulfill their obligations while protecting creditors’ rights to recover what is owed. Understanding how liens work in the state, how long they last, and how they can be removed is important for both buyers and sellers.

Additionally, consulting the appropriate office or an attorney can help navigate Utah’s complex lien laws. With the right approach, property owners can maintain clear titles and facilitate smooth real estate transactions.