78B-6-1210 - When all holders of recorded rights are not made parties -- Procedure -- Reference.
78B-6-1210. When all holders of recorded rights are not made parties -- Procedure-- Reference.
If there are outstanding liens or encumbrances of record upon the property when theaction is commenced, the persons holding the liens shall be made parties to the action. If thepersons are not made parties, the court shall either order the persons made parties to the action byan amendment or supplemental complaint, or appoint a referee to determine whether the liens orencumbrances have been paid. If the referee determines that amounts remain due, the refereeshall determine whether the amounts are secured or unsecured and the order of precedenceamong all the liens or encumbrances on the property.
Renumbered and Amended by Chapter 3, 2008 General Session