Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended November 1, 2003 · Last verified July 13, 2026
In one sentenceRule 72 spells out exactly what a property owner has to file to post real estate as a bond with the court, and requires the bond to be recorded with the county before it takes effect.
(a)A real property bond posted with the court shall:
(1)be signed by all owners of record;
(2)contain the complete legal description of the property and the property tax identification number;
(3)be acknowledged before a notary public;
(4)be accompanied by a copy of the document vesting title in the owners;
(5)be accompanied by a copy of the property tax statement for the current or previous year;
(6)be accompanied by a current title report, a current foreclosure report, or such other information as required by the court; and
(7)be accompanied by a written statement from each lien holder stating:
(A)the current balance of the lien;
(B)the date the most recent payment was made;
(C)that the debt is not in default; and
(D)that the lien holder will notify the court if a default occurs or if a foreclosure process is commenced during the period the property bond is in effect.
(b)The bond is not effective until recorded with the county recorder of the county in which the property is located. Proof of recording shall be filed with the court.
(c)Upon exoneration of the bond, the property owner shall present a release of property bond to the court for approval.
Amendment History
Added effective November 1, 2003.
Plain-English Summary
When real property serves as security for a bond, Rule 72 sets a detailed checklist for what has to be filed. Every owner of record must sign the bond, which needs the property's complete legal description and tax identification number, notarization, and supporting documents: proof of who holds title, a recent property tax statement, and a current title report, foreclosure report, or other information the court requires. If any liens exist on the property, each lienholder has to submit a written statement giving the current balance owed, the date of the most recent payment, confirmation that the debt is not in default, and a promise to notify the court if a default or foreclosure happens while the bond is in effect.
None of that paperwork makes the bond effective on its own. The bond only takes effect once it is recorded with the county recorder where the property sits, and proof of that recording has to be filed with the court. When the bond is later exonerated — meaning the obligation it secured has been satisfied or discharged — the property owner presents a release of the property bond to the court for approval, clearing the property of the encumbrance.
Frequently Asked Questions
Can real estate be used as collateral for a bond required in a case?
Yes. Rule 72 lets a property owner post a real property bond with the court, but it has to meet specific requirements: signatures from every owner of record, a full legal description, notarization, and supporting documents about title, taxes, and any liens.
What has to be attached to a real property bond?
A copy of the document that vested title in the current owners, a property tax statement for the current or previous year, a current title report or foreclosure report (or other information the court requires), and a written statement from every lienholder covering the lien balance, last payment date, default status, and a promise to notify the court of any default or foreclosure.
When does a real property bond take effect?
Not until it's recorded with the county recorder in the county where the property is located, and proof of that recording is filed with the court.
How does an owner get their property released after the bond is no longer needed?
Once the bond is exonerated, the property owner presents a release of the property bond to the court for approval.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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