Rule 69C. Redemption of real property after
sale.
(a) Right of redemption. Real property may be redeemed unless the
estate is less than a leasehold of a two-years' unexpired term, in which case
the sale is absolute.
(b) Who may redeem. Real property subject to redemption may be redeemed
by the defendant or by a creditor having a lien on the property junior to that
on which the property was sold or by their successors in interest. If the
defendant redeems, the effect of the sale is terminated and the defendant is
restored to the defendant's estate. If the property is redeemed by a creditor,
any other creditor having a right of redemption may redeem.
(c) How made. To redeem, the redemptioner
shall pay the amount required to the purchaser and shall serve on the
purchaser:
(c)(1) a
certified copy of the judgment or lien under which the redemptioner
claims the right to redeem;
(c)(2) an
assignment, properly acknowledged if necessary to establish the claim; and
(c)(3) an
affidavit showing the amount due on the judgment or lien.
(d) Time for redemption. The property may be redeemed within 180 days
after the sale.
(e) Redemption price. The price to redeem is the sale price plus six
percent. The price for a subsequent redemption is the redemption price plus
three percent. If the purchaser or redemptioner files
with the county recorder notice of the amounts paid for taxes, assessments,
insurance, maintenance, repair or any lien other than the lien on which the
redemption was based, the price to redeem includes such amounts plus six
percent for an initial redemption or three percent for a subsequent redemption.
Failure to file notice of the amounts with the county recorder waives the right
to claim such amounts.
(f) Dispute regarding price. If there is a dispute about the redemption
price, the redemptioner shall within 21 days of the
redemption pay into court the amount necessary for redemption less the amount
in dispute and file and serve upon the purchaser a petition setting forth the
items to which the redemptioner objects and the
grounds for the objection. The petition is deemed denied. The court may permit
discovery. The court shall conduct an evidentiary hearing and enter an order
determining the redemption price. The redemptioner
shall pay to the clerk any additional amount within seven days after the
court's order.
(g) Certificate of redemption. The purchaser shall promptly execute and
deliver to the redemptioner, or the redemptioner to a subsequent redemptioner,
a certificate of redemption containing:
(g)(1) a
detailed description of the real property;
(g)(2) the price
paid;
(g)(3) a
statement that all right, title, interest of the purchaser in the property is
conveyed to the redemptioner; and
(g)(4) if known,
whether the sale is subject to redemption.
The redemptioner
or subsequent redemptioner shall file a duplicate of
the certificate with the county recorder.
(h) Conveyance. The purchaser or last redemptioner
is entitled to conveyance upon the expiration of the time permitted for
redemption.
(i) Rents and profits, request for accounting,
extension of time for redemption.
(i)(1) Subject to a superior claim, the purchaser is
entitled to the rents of the property or the value of the use and occupation of
the property from the time of sale until redemption. Subject to a superior
claim, a redemptioner is entitled to the rents of the
property or the value of the use and occupation of the property from the time
of redemption until a subsequent redemption. Rents and profits are a credit
upon the redemption price.
(i)(2) Upon written request served on the purchaser before
the time for redemption expires, the purchaser shall prepare and serve on the
requester a written and verified account of rents and profits. The period for
redemption is extended to 7 days after the accounting is served. If the
purchaser fails to serve the accounting within 30 days after the request, the redemptioner may, within 60 days after the request, bring
an action to compel an accounting. The period for redemption is extended to 21 days
after the order of the court.
(j) Remedies.
(j)(1) For waste. A purchaser or redemptioner may file a motion requesting the court to
restrain the commission of waste on the property. After the estate has become
absolute, the purchaser or redemptioner may file an
action to recover damages for waste.
(j)(2) Failure to obtain property.
(j)(2)(A) A
purchaser or redemptioner who fails to obtain the
property or who is evicted from the property because the judgment against the
defendant is reversed or discharged may file a motion for judgment against the
plaintiff for the purchase price plus amounts paid for taxes, assessments,
insurance, maintenance and repair plus interest.
(j)(2)(B) A
purchaser or redemptioner who fails to obtain the
property or who is evicted from the property because of an irregularity in the
sale or because the property is exempt may file a motion for judgment against
the plaintiff or the defendant for the purchase price plus amounts paid for
taxes, assessments, insurance, maintenance and repair plus interest. If the
court enters judgment against the plaintiff, the court shall revive the
plaintiff's judgment against defendant for the amount of the judgment against
plaintiff.
(j)(2)(C) Interest
on a judgment in favor of a purchaser or redemptioner
is governed by Utah Code Section 15-1-4. Interest on a revived judgment in
favor of the plaintiff against the defendant is at the rate of the original
judgment. The effective date of a revived judgment in favor of plaintiff
against defendant is the date of the original judgment except as to an
intervening purchaser in good faith.
(k) Contribution and reimbursement. A defendant may claim contribution
or reimbursement from other defendants by filing a motion.