Section 102.1 – Perfection of lien — Notice of subcontractor’s claim — Information required to be provided — Payments to be held in trust.
38-10-102.1. Perfection of lien — Notice of subcontractor’s claim — Information required to be provided — Payments to be held in trust. (1) (a) To perfect a lien a subcontractor must comply with the requirements of this section and Section 38-10-105. (b) This section shall apply only to a subcontractor’s claim or a portion of […]
Section 103 – Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.
38-10-103. Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest. If a lien attaches to an interest in land: (1) which is less than the fee interest, including the interest of an optionee or farmoutee, termination of the interest in the land does not impair any lien which […]
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 201 – Wrongful lien injunction — Forms.
38-9a-201. Wrongful lien injunction — Forms. (1) (a) Any person who believes that he or she is the victim of a wrongful lien may file a verified written petition for a civil wrongful lien injunction against the person filing, making, or uttering the lien, notice of interest, or other encumbrance in the district court in […]
Section 202 – Petition for wrongful lien injunction — Ex parte injunction.
38-9a-202. Petition for wrongful lien injunction — Ex parte injunction. (1) The petition for a civil wrongful lien injunction shall include: (a) the name of the petitioner, except that at the petitioner’s request his or her address shall be disclosed to the court for purposes of service, but may not be listed on the petition, […]
Section 203 – Hearing — Court action.
38-9a-203. Hearing — Court action. (1) (a) A hearing requested by the respondent as allowed under Section 38-9a-202 shall be held within 10 days from the date the request is filed with the court, except as provided under Subsection (3). (b) If the court finds compelling reasons to continue the hearing date, the hearing shall […]
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), […]