Irving Place Associates v. 628 Park Ave, LLC
309 P.3d 260
Utah Ct. App.2013Background
- 628 Park Ave filed a district court action in Sept. 2008 against Ring and other defendants for breach of promissory note and lease terms; a default judgment was entered against Ring on Dec. 11, 2008 for $150,144.
- The default judgment identified Ring by name only and was recorded as a judgment lien against Ring’s real property on Dec. 18, 2008; no separate information statement was recorded with the judgment at that time.
- Ring owned the Property (a Sundial Lodge condo in Summit County) when the original judgment was recorded, and Irving Place subsequently acquired the Property via warranty deed on March 31, 2009, recording it April 2, 2009.
- 628 Park Ave obtained an augmented judgment against Ring for $498,204 on Nov. 5, 2009, and recorded it Nov. 20, 2009 with a separate information statement containing identifying information.
- A writ of execution was issued Dec. 11, 2009 directing the sale of Ring’s non-exempt real property; Irving Place filed suit Jan. 28, 2010 to invalidate the lien, and the district court granted summary judgment validating the lien to the amount of the original judgment; Irving Place appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether finality is required to create a judgment lien. | Irving Place: finality is not required; lien arises from recording a judgment. | 628 Park Ave: lien can depend on finality or the specific statutory requirements for liens; not finality required by court. | No final judgment required to create a lien under 78B-5-201/202. |
| Whether the recorded judgment sufficiently identified the judgment debtor to create a lien. | The judgment debtor is identified by name; satisfies 78B-5-201(4)(a). | The statute requires substantial identifying information or a separate information statement; name alone is insufficient. | Name identification on face of judgment satisfies 78B-5-201(4)(a); separate information statement not required. |
Key Cases Cited
- Marion Energy, Inc. v. KFJ Ranch P'ship, 2011 UT 50 (Utah 2011) (statutory interpretation of 78B-5-201(4) and finality not required for liens)
- Thorpe v. Washington City, 2010 UT App 297, 243 P.3d 500 (Utah App. 2010) (legislative use of 'final judgment' vs. 'judgment')
- State v. Ewell, 1998 Utah Ct.App 1998 (Utah Ct. App. 1998) (rules of statutory interpretation and harmony)
- Kitches & Zorn, LLC v. Yong Woo Kim, 2005 UT App 164, 112 P.3d 1210 (Utah App. 2005) (liens on real property; post-2002 recording requirements)
- Archuleta v. St. Mark's Hosp., 2009 UT 36, 238 P.3d 1044 (Utah 2009) (statutory reading and harmony principles)