Irving Place Associates v 628 Park, Ave., LLC

Irving filed a declaratory judgment suit challenging a judgment lien claimed by 628. The district court rejected its challenge and a divided Court of Appeal panel affirmed. The Court reversed. It held that judgment, as used in Utah Code 78B-5-202(7), is ambiguous as it could mean any judgment or only a final judgment. The court held that for purposes of 202(7), “judgment” means final judgment as other subsections in 202 use the term in that sense and the Court concluded construing the term consistently throughout 202 was proper. It also held that final judgments or other authorized documents filed with the county recorder are valid only if they list a debtor’s name, address and social security number if known to the creditor as that information is required in 78B-5-2014(b) and 201(4) is cross referenced in 202(7). Applying here, the court held the lien was invalid as the judgment obtained by 628 only resolved some of the issues in the underlying case and was not certified final and the documentation filed with the county clerk only listed the judgment debtor.