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2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 12 - Partition
Section 1210 - When all holders of recorded rights are not made parties -- Procedure -- Reference.
Universal Citation: UT Code § 78B-6-1210 (2021)
78B-6-1210. When all holders of recorded rights are not made parties -- Procedure -- Reference.
If there are outstanding liens or encumbrances of record upon the property when the action is commenced, the persons holding the liens shall be made parties to the action. If the persons are not made parties, the court shall either order the persons made parties to the action by an amendment or supplemental complaint, or appoint a referee to determine whether the liens or encumbrances have been paid. If the referee determines that amounts remain due, the referee shall determine whether the amounts are secured or unsecured and the order of precedence among all the liens or encumbrances on the property.
Renumbered and Amended by Chapter 3, 2008 General Session
If there are outstanding liens or encumbrances of record upon the property when the action is commenced, the persons holding the liens shall be made parties to the action. If the persons are not made parties, the court shall either order the persons made parties to the action by an amendment or supplemental complaint, or appoint a referee to determine whether the liens or encumbrances have been paid. If the referee determines that amounts remain due, the referee shall determine whether the amounts are secured or unsecured and the order of precedence among all the liens or encumbrances on the property.
Renumbered and Amended by Chapter 3, 2008 General Session
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