Utah Code » Title 78B, Chapter 6 — Particular Proceedings; part 78B-6-13 — Quiet Title
Utah Code

Utah Code § 78B-6-1303 (2026)

Lis pendens -- Notice

✓ current as of May 2026
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Any party to an action filed in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, a district court of this state, the Business and Chancery Court of this state, or the Constitutional Court of this state that affects the title to, or the right of possession of, real property may file a notice of pendency of action.
A party that chooses to file a notice of pendency of action shall:
first, file the notice with the court that has jurisdiction of the action; and
second, record a copy of the notice filed with the court with the county recorder in the county where the property or any portion of the property is located.
A person may not file a notice of pendency of action unless a case has been filed and is pending in the United States District Court for the District of Utah, the United States Bankruptcy Court for the District of Utah, a district court of this state, the Business and Chancery Court of this state, or the Constitutional Court of this state.
The notice shall contain:
the caption of the case, with the names of the parties and the case number;
the object of the action or defense; and
the specific legal description of only the property affected.
From the time of filing the notice, a purchaser, an encumbrancer of the property, or any other party in interest that may be affected by the action is considered to have constructive notice of pendency of action.
Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 2017–2025 · leading case: Chard v. Chard, 2019 UT App 209 (Utah Ct. App. 2019).
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Chard v. Chard, 2019 UT App 209 (Utah Ct. App. 2019). · cites it 2× “¶52 Under Utah’s lis pendens statute, “any party to an action filed in .”
Bank of the W. v. Whitney, 301 F. Supp. 3d 1077 (D. Utah 2018). · cites it 12× “A party seeking to file a notice of lis pendens under Utah Code Ann. § 78B-6-1303 is first required to "file the notice with the court that has jurisdiction of the action" and second, "record a copy of the notice filed with the court with the county recorder in the county where…”
Peterson v. Pierce, 2019 UT App 48 (Utah Ct. App. 2019). · cites it 4× “¶42 Utah Code section 78B-6-1303 provides that "[e]ither party to an action affecting the title to, or the right of possession of, real property may file a notice of the pendency of the action with the county recorder.”
VT Holdings LLC v. My Investing Place LLC, 2019 UT App 37 (Utah Ct. App. 2019). · cites it 2× “" See Utah Code Ann. § 78B-6-1303(1) (LexisNexis 2018).”
Conrad v. Wilkinson, 2017 ND 212 (N.D. 2017). “§ 78-40-2 before 2008 repeal and re-enactment as Utah Code Ann. § 78B-6-1303 to apply lis pendens to action filed in “a Utah district court”).”
North Park Holdings v. Duke Rental, 2025 UT App 42 (Utah Ct. App. 2025). · cites it 3× “¶21 Under Utah law, “[a]ny party to” a lawsuit filed in Utah “that affects the title to, or the right of possession of, real property may file a notice of pendency of action” and “record a copy of the notice .”
Meritage Companies LLC v. Gross, 2017 UT App 223 (Utah Ct. App. 2017). · cites it 5× “See Utah Code Ann. §§ 78B-6-1303, 78B-6-1304 (LexisNexis 2012).”
Regal Realsource v. Enlaw, 2024 UT App 95 (Utah Ct. App. 2024). · cites it 2× “” Utah Code § 78B-6-1303(1)(a). That notice will be ordered released if a court determines that the party who filed it is unable to establish “the validity of the real property claim that is the subject of the notice.”
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2021). · cites it 2× “28 Utah Code Ann. § 78B-6-1303(1)(a). money judgment.”
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2021). · cites it 2× “Zurich’s action seeks to be “placed in funds” to protect itself from financial liability and losses incurred or that may be incurred as a surety on several payment and construction bonds issued on behalf of Ascent.”
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2021). · cites it 2× “44 The agreements generally authorize Zurich to offset losses by pursuing property under any bonded contract, but they do not specifically affect the Farmington Property or Ogden Property in any 38 See Memorandum Decision and Order Granting Motion to Intervene and Granting…”
— Utah Code § 78B-6-1303(1) — 3 cases
VT Holdings LLC v. My Investing Place LLC, 2019 UT App 37 (Utah Ct. App. 2019). “" See Utah Code Ann. § 78B-6-1303(1) (LexisNexis 2018).”
Peterson v. Pierce, 2019 UT App 48 (Utah Ct. App. 2019). “¶42 Utah Code section 78B-6-1303 provides that "[e]ither party to an action affecting the title to, or the right of possession of, real property may file a notice of the pendency of the action with the county recorder.”
North Park Holdings v. Duke Rental, 2025 UT App 42 (Utah Ct. App. 2025). “¶21 Under Utah law, “[a]ny party to” a lawsuit filed in Utah “that affects the title to, or the right of possession of, real property may file a notice of pendency of action” and “record a copy of the notice .”
— Utah Code § 78B-6-1303(1)(a) — 6 cases
Chard v. Chard, 2019 UT App 209 (Utah Ct. App. 2019). “¶52 Under Utah’s lis pendens statute, “any party to an action filed in .”
Regal Realsource v. Enlaw, 2024 UT App 95 (Utah Ct. App. 2024). “” Utah Code § 78B-6-1303(1)(a). That notice will be ordered released if a court determines that the party who filed it is unable to establish “the validity of the real property claim that is the subject of the notice.”
Bank of the W. v. Whitney, 301 F. Supp. 3d 1077 (D. Utah 2018). “A party seeking to file a notice of lis pendens under Utah Code Ann. § 78B-6-1303 is first required to "file the notice with the court that has jurisdiction of the action" and second, "record a copy of the notice filed with the court with the county recorder in the county where…”
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2021). “28 Utah Code Ann. § 78B-6-1303(1)(a). money judgment.”
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2021). “Zurich’s action seeks to be “placed in funds” to protect itself from financial liability and losses incurred or that may be incurred as a surety on several payment and construction bonds issued on behalf of Ascent.”
— Utah Code § 78B-6-1303(1)(b) — 1 case
Bank of the W. v. Whitney, 301 F. Supp. 3d 1077 (D. Utah 2018). “A party seeking to file a notice of lis pendens under Utah Code Ann. § 78B-6-1303 is first required to "file the notice with the court that has jurisdiction of the action" and second, "record a copy of the notice filed with the court with the county recorder in the county where…”
— Utah Code § 78B-6-1303(l) — 1 case
Meritage Companies LLC v. Gross, 2017 UT App 223 (Utah Ct. App. 2017). “See Utah Code Ann. §§ 78B-6-1303, 78B-6-1304 (LexisNexis 2012).”
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