Full text of Utah Utah Code § 2f-506 — Procedure to make a claim against the fund., with citation guidance and answers to common questions.
§ 2f-506. Procedure to make a claim against the fund.
61-2f-506.
Procedure to make a claim against the fund.
| (1) |
A person may bring a claim against the fund if:
| (a) |
the person obtains a final judgment; |
| (b) |
the person complies with the requirements under this part; |
| (c) |
the person is not complicit in the fraud, misrepresentation, or deceit that is the basis of the claim; and |
| (d) |
the final judgment that is the basis for the claim:
| (i) |
has not been discharged in bankruptcy; and |
| (ii) |
when a bankruptcy proceeding is open or commenced during the pendency of the claim, the person obtains an order from the bankruptcy court declaring the final judgment and related debt to be nondischargeable. |
|
|
| (2) |
| (a) |
A person may not bring a claim against the fund for money owed under a civil judgment unless, within 10 business days of the day on which the person brings the civil action that results in the civil judgment, the person sends to the division a signed notification alleging fraud, misrepresentation, or deceit by a real estate licensee. |
| (b) |
Within 30 days of the day on which the division receives a notice under Subsection (1), the division has an unconditional right to intervene in the civil action. |
|
| (3) |
| (a) |
After obtaining a final judgment, to file a claim against the fund, a person shall:
| (i) |
file a verified petition in the court where the final judgment is entered seeking an order directing payment from the fund of an amount equal to the uncollected actual damages owed under the final judgment that are unpaid; |
| (ii) |
serve a copy of the verified petition described in Subsection (3)(a)(i) on the division; and |
| (iii) |
file a copy of the affidavit of service of the verified petition with the court. |
|
| (b) |
Recovery from the fund may not include:
|
| (c) |
Regardless of the number of claimants or parcels of real estate involved in a real estate transaction, the liability of the fund may not exceed:
| (i) |
$15,000 for a single transaction; and |
| (ii) |
$50,000 for one licensee. |
|
|
| (4) |
A court shall conduct a hearing on a petition filed under Subsection (3) as scheduled by the court. |
| (5) |
Subject to Subsection (6), a court may order payment from the fund under this section only if the person who files the petition shows that the person:
| (a) |
is not:
| (i) |
in the case of a civil judgment, the spouse of the judgment debtor; |
| (ii) |
in the case of a criminal judgment, the spouse of the criminal defendant; or |
| (iii) |
a personal representative of an individual described in Subsection (5)(a)(i) or (ii); |
|
| (b) |
is in compliance with this chapter; |
| (c) |
is owed damages under a final judgment that:
| (i) |
is issued by the court in the manner prescribed under this section; and |
| (ii) |
indicates the amount of the final judgment awarded; |
|
| (d) |
has proved the amount still owing on the final judgment on the date the petition is filed; |
| (e) |
| (i) |
| (A) |
has had a writ of execution issued upon the final judgment; and |
| (B) |
has received a return made by the officer executing the writ showing that no property subject to execution in satisfaction of the final judgment could be found; or |
|
| (ii) |
if execution is levied against the property of the judgment debtor or criminal defendant:
| (A) |
has not realized an amount sufficient to satisfy the final judgment; and |
| (B) |
is owed a specific balance remaining on the final judgment after application of the amount realized; |
|
|
| (f) |
has made reasonable searches and inquiries to ascertain whether the judgment debtor or criminal defendant has any interest in property, real or personal, that may satisfy the final judgment; and |
| (g) |
has exercised reasonable diligence to secure payment of the final judgment from the assets of the judgment debtor or criminal defendant. |
|
| (6) |
If a person satisfies the court under Subsection (5) that it is not practicable for the petitioner to comply with one or more of the requirements enumerated in Subsections (5)(e) through (g), the court may waive those requirements. |
Renumbered and Amended by Chapter
379, 2010 General Session
Frequently Asked Questions About Utah § 2f-506
What does Utah Code § 2f-506 cover?
Section 2f-506 ("Procedure to make a claim against the fund.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 2f-506?
A common citation format is "Utah Code § 2f-506" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 2f-506 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
