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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I owned some land parcels that became subject to a writ of

Customer Question

I owned some land parcels that became subject to a writ of execution for a judgement. However, the judgement creditor served me with the writ, but not another underlying lien holder. I believe that the Utah code may require that if the creditor believes someone other than the debtor claims an interest in the property, the creditor should identify that person and have him or her served with a copy of the Writ of Execution and other papers. A simple title search would have shown the other lien interest. What are the ramifications of this? At a minimum it would seem that the judgement creditor's interest obtained through the execution would be subject to the prior lien. Is there a possibility that it voids the sale? Should the proceeds from the sale have been applied first to the senior lien holder before the judgement creditor in second position received any money?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you. There are priorities in liens that are filed. Prior in time is prior in right. It would not necessarily void the sale it would just make the lien holder that took action subject to the other liens. Can you tell me the type of liens?

Customer: replied 9 months ago.

The first priority lien is a regular mortgage with a trust deed. The lien that issued the writ of execution and conducted the sale was a judgement lien.