Section 302 – Recording a nonconsensual common law document — Procedure.
Effective 5/13/2014 38-9-302. Recording a nonconsensual common law document — Procedure. (1) For a nonconsensual common law document recorded on or after May 13, 2014, within five business days after the day on which an individual submits a nonconsensual common law document to a county recorder for recording, the individual shall cause the sheriff to […]
Section 303 – Enforcement proceeding required.
Effective 5/13/2014 38-9-303. Enforcement proceeding required. (1) For a nonconsensual common law document recorded on or after May 13, 2014, within 10 business days after the day on which a document sponsor submits a nonconsensual common law document to the county recorder for recording, the document sponsor shall file a complaint in district court in […]
Section 304 – Civil liability — Damages.
Effective 5/13/2014 38-9-304. Civil liability — Damages. (1) If, under Section 38-9-303, a court finds that a recorded nonconsensual common law document is unenforceable, the document sponsor of the nonconsensual common law document is liable to each affected person for any actual damages proximately caused by recording the nonconsensual common law document, costs, and reasonable […]
Section 305 – Failure to comply — Nonconsensual common law document void.
Effective 5/13/2014 38-9-305. Failure to comply — Nonconsensual common law document void. A recorded nonconsensual common law document that is recorded on or after May 13, 2014, is void and has no legal effect if the document sponsor does not: (1) comply with the notice requirements described in Section 38-9-302; (2) comply with the judicial […]
Section 103 – Scope.
Effective 5/13/2014 38-9-103. Scope. (1) This chapter does not apply to a notice of interest filed before May 5, 2008. (2) This chapter does not apply to a lis pendens recorded in accordance with Section 78B-6-1303 and does not prevent a person from seeking any other relief permitted by law. (3) This chapter does not […]
Section 202 – County recorder may reject wrongful lien within scope of employment — Good faith requirement.
Effective 5/13/2014 38-9-202. County recorder may reject wrongful lien within scope of employment — Good faith requirement. (1) (a) A county recorder may refuse to record a lien if the county recorder determines that the lien is a wrongful lien. (b) If the county recorder refuses to record a lien in accordance with Subsection (1)(a), […]
Section 203 – Civil liability for recording wrongful lien — Damages.
Effective 5/13/2014 38-9-203. Civil liability for recording wrongful lien — Damages. (1) A lien claimant who records or causes a wrongful lien to be recorded in the office of the county recorder against real property is liable to a record interest holder for any actual damages proximately caused by the wrongful lien. (2) If the […]
Section 204 – Petition to file lien — Notice to record interest holders — Summary relief — Contested petition.
Effective 5/13/2014 38-9-204. Petition to file lien — Notice to record interest holders — Summary relief — Contested petition. (1) A lien claimant whose document is rejected pursuant to Section 38-9-202 may petition the district court for an expedited determination that the lien may be recorded. (2) A petition under Subsection (1) shall: (a) be […]
Section 205 – Petition to nullify lien — Notice to lien claimant — Summary relief — Finding of wrongful lien — Wrongful lien is void.
Effective 5/13/2014 38-9-205. Petition to nullify lien — Notice to lien claimant — Summary relief — Finding of wrongful lien — Wrongful lien is void. (1) A record interest holder of real property against which a wrongful lien is recorded may petition the district court in the county in which the document is recorded for […]