Harris v. DHHS
Harris v. DHHS, 2024 UT App 97 (Mortensen, J.)
Property
Webber failed to pay his child support and Utah’s Office of Recovery Services (ORS) obtained a child support lien against his real property interests. The property was held in two revocable trusts, one of which Webber was the settlor. Harris, on notice of ORS’s lien, later purchased the property and then sought to quiet title. The district court denied Harris’s claim and granted ORS’s motion for summary judgment. On appeal, the Utah Court of Appeals affirmed, holding:
- The district court properly granted summary judgment in favor of ORS because the property purchased by Harris was subject to the judgment lien.
- Practice tip: When a person is the settlor and holds all the beneficial interest of a trust, the argument against attachment due to the individual’s other role as trustee carries no weight.