Utah Court of Appeals
Do child support liens automatically attach to revocable trust property? Harris v. DHHS Explained
Summary
Harris purchased property at a trustee sale with notice of an ORS child support judgment lien against Webber, the property’s former beneficial owner through revocable trusts. Harris sought to quiet title, arguing the lien was unenforceable against trust property. The district court granted summary judgment for ORS, finding the lien attached to Webber’s beneficial interest in the trust property.
Practice Areas & Topics
Analysis
Background and Facts
In 2011, Utah’s Office of Recovery Services (ORS) obtained a properly recorded judgment lien against Tyrone Boyd Webber for unpaid child support in Salt Lake County. At that time, property was held in two revocable trusts—the Tyrone Boyd Webber Trust and the Mary Ann Webber Trust. Webber was both trustee and settlor of his trust and trustee of his ex-wife’s trust. After their 2012 divorce, Lauritzen transferred her beneficial interest in the property to Webber. In 2016, Webber used the property as collateral for a personal loan, defaulted, and the lender foreclosed. Todd Harris purchased the property at the 2019 trustee sale with notice of ORS’s lien.
Key Legal Issues
The central issue was whether ORS’s child support judgment lien automatically attached to property held in revocable trusts where the debtor was the settlor with beneficial interest, or whether ORS was required to file separate litigation against the trusts. Harris argued that the trust structure shielded the property from the lien and sought to quiet title free of ORS’s claims.
Court’s Analysis and Holding
The Court of Appeals affirmed, holding that the judgment lien automatically attached to Webber’s beneficial interest in the trust property. Under Utah Code § 75-7-505(1), property of a revocable trust is subject to the settlor’s creditors during the settlor’s lifetime. The court emphasized that judgment liens attach to “beneficial and equitable property interests, even if the debtor has no record title.” The court rejected Harris’s argument that separate litigation was required, noting that Webber had the “functional equivalent” of ownership and had used the property as loan collateral.
Practice Implications
This decision reinforces that revocable trusts cannot shield property from a settlor’s creditors. Practitioners should advise clients that beneficial interests in revocable trusts remain subject to judgment liens without additional procedural requirements. For property purchasers, thorough title investigation must include potential liens against trust settlors and beneficiaries, not just record titleholders. The decision also confirms that state agencies like ORS benefit from streamlined lien enforcement procedures under Utah’s child support statutes.
Case Details
Case Name
Harris v. DHHS
Citation
2024 UT App 97
Court
Utah Court of Appeals
Case Number
No. 20220252-CA
Date Decided
July 18, 2024
Outcome
Affirmed
Holding
A child support judgment lien automatically attaches to property held in a revocable trust where the debtor-settlor has beneficial interest, without requiring separate litigation against the trust.
Standard of Review
Correctness for legal conclusions and the ultimate grant or denial of summary judgment
Practice Tip
When representing clients purchasing property from trusts, always investigate potential judgment liens against settlors and beneficiaries, as beneficial interests remain subject to creditor claims despite the trust structure.
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