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Silva v. Silva 2017 UT App 125 (July 28, 2017)

Jul 28, 2017

After the husband obtained a judgment against his ex-wife in their divorce proceeding due to her failure to convey real property the divorce court had awarded to him, the husband brought this suit against his wife and daughters alleging fraudulent conveyance and seeking to quiet title.  Upon motion by the husband, the Court ordered alternative service by publication.  When the wife did not appear, the district court entered default judgment and a writ of execution on three of the wife’s properties, including the property at issue.  The wife appeared through counsel later that month and moved to set aside the default under Rule 60(b).  The district court denied this motion.  The three properties were then sold at a sheriff’s sale.  The court of appeals held that the wife did not receive the notice required by due process because the husband had not acted diligently and taken all reasonably practical steps to give the wife actual notice.  The district court therefore lacked jurisdiction over the wife and the judgment, as well as the sheriff’s sale and deed based on that judgment, was void.