Rule 70. Judgment for specific acts; vesting title; recordation
Effective January 1, 1970
(A) Effect of judgment.
If a judgment directs a party to execute a conveyance of land, or other property or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment, writ of assistance, or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt and may award damages for disobedience of the order. If real or personal property is involved, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of both a judgment and of a conveyance executed in due form of law.
When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution, assistance or order directing the sheriff or other enforcement officer to deliver possession upon application to the clerk. Equitable decrees or orders to pay money shall be enforced as legal judgments to pay money unless otherwise ordered by the court.
(B) Recordation of judgment.
A copy of the judgment directing acts or divesting or vesting title of a deed or copy thereof transferring title as provided in subdivision (A) of this rule or other law may be recorded or filed either in the lis pendens records or the deed records of the proper officer and county or place and shall be appropriately indexed. When recorded or filed such record shall constitute constructive notice thereof in transactions with respect to the property under the recording laws, and a copy of such filed or recorded judgment or deed certified by the county recorder or other officer shall constitute prima facie evidence of its validity.
(C) Deed form.
A conveyance of land made by a court appointee as authorized by subdivision (A) of this rule may be made in the following form:
“A B by the order (for judgment) of (naming the court), in cause number (state the cause number) entered on (state date order or judgment was entered), in the case of (naming the party plaintiffs) against (naming the party defendants) conveys the (describe the premises, and the interest conveyed if the judgment or order is for less than a fee simple absolute) the title, interest and rights of (name the parties or persons whose title is being conveyed; and the record owner through whom such title was derived if known and if such persons are not record owners), (state with warranty or subject to conditions only if and as provided in the order or judgment). Signed (signature of court appointee, A B), Appointee of above named court to make this conveyance.” (Acknowledgment as required in the case of deeds.)
(D) Judicial sales.
Property may be sold under judgments and orders in the manner now provided by law subject to these rules, including the sale of the property when specific performance is allowed against the vendee.