Rule 69C. Redemption of real property aftersale.
(a) Right of redemption. Real property may be redeemed unless theestate is less than a leasehold of a two-years' unexpired term, in which casethe sale is absolute.
(b) Who may redeem. Real property subject to redemption may be redeemedby the defendant or by a creditor having a lien on the property junior to thaton which the property was sold or by their successors in interest. If thedefendant redeems, the effect of the sale is terminated and the defendant isrestored 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 redemptionershall pay the amount required to the purchaser and shall serve on thepurchaser:
(c)(1) acertified copy of the judgment or lien under which the redemptionerclaims the right to redeem;
(c)(2) anassignment, properly acknowledged if necessary to establish the claim; and
(c)(3) anaffidavit showing the amount due on the judgment or lien.
(d) Time for redemption. The property may be redeemed within 180 daysafter the sale.
(e) Redemption price. The price to redeem is the sale price plus sixpercent. The price for a subsequent redemption is the redemption price plusthree percent. If the purchaser or redemptioner fileswith the county recorder notice of the amounts paid for taxes, assessments,insurance, maintenance, repair or any lien other than the lien on which theredemption was based, the price to redeem includes such amounts plus sixpercent for an initial redemption or three percent for a subsequent redemption.Failure to file notice of the amounts with the county recorder waives the rightto claim such amounts.
(f) Dispute regarding price. If there is a dispute about the redemptionprice, the redemptioner shall within 21 days of theredemption pay into court the amount necessary for redemption less the amountin dispute and file and serve upon the purchaser a petition setting forth theitems to which the redemptioner objects and thegrounds for the objection. The petition is deemed denied. The court may permitdiscovery. The court shall conduct an evidentiary hearing and enter an orderdetermining the redemption price. The redemptionershall pay to the clerk any additional amount within seven days after thecourt's order.
(g) Certificate of redemption. The purchaser shall promptly execute anddeliver to the redemptioner, or the
(g)(1) adetailed description of the real property;
(g)(2) the pricepaid;
(g)(3) astatement that all right, title, interest of the purchaser in the property isconveyed to the redemptioner; and
(g)(4) if known,whether the sale is subject to redemption.
The redemptioneror subsequent redemptioner shall file a duplicate ofthe certificate with the county recorder.
(h) Conveyance. The purchaser or last redemptioneris entitled to conveyance upon the expiration of the time permitted forredemption.
(j)(2)(A) Apurchaser or redemptioner who fails to obtain theproperty or who is evicted from the property because the judgment against thedefendant is reversed or discharged may file a motion for judgment against theplaintiff for the purchase price plus amounts paid for taxes, assessments,insurance, maintenance and repair plus interest.
(j)(2)(B) Apurchaser or redemptioner who fails to obtain theproperty or who is evicted from the property because of an irregularity in thesale or because the property is exempt may file a motion for judgment againstthe plaintiff or the defendant for the purchase price plus amounts paid fortaxes, assessments, insurance, maintenance and repair plus interest. If thecourt enters judgment against the plaintiff, the court shall revive theplaintiff's judgment against defendant for the amount of the judgment againstplaintiff.
(j)(2)(C) Intereston a judgment in favor of a purchaser or redemptioneris governed by Utah Code Section 15-1-4. Interest on a revived judgment infavor of the plaintiff against the defendant is at the rate of the originaljudgment. The effective date of a revived judgment in favor of plaintiffagainst defendant is the date of the original judgment except as to anintervening purchaser in good faith.
(k) Contribution and reimbursement. A defendant may claim contributionor reimbursement from other defendants by filing a motion.