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 […]
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 […]
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 […]
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 […]
