2006 Utah Code - 38-9-3 — County recorder may reject wrongful lien within scope of employment -- Good faith requirement.

     38-9-3.   County recorder may reject wrongful lien within scope of employment -- Good faith requirement.
     (1) A county recorder may reject recording of a lien if the county recorder determines the lien is a wrongful lien as defined in Section 38-9-1. If the county recorder rejects the document, the county recorder shall immediately return the original document together with a notice that the document was rejected pursuant to this section to the person attempting to record or file the document or to the address provided on the document.
     (2) A county recorder who, within the scope of the county recorder's employment, rejects or accepts a document for recording or filing in good faith under this section may not be liable for damages except as otherwise provided by law.
     (3) If a rejected document is later found to be recordable pursuant to a court order, it shall have no retroactive recording priority.
     (4) Nothing in this chapter shall preclude any person from pursuing any remedy pursuant to Utah Rules of Civil Procedure, Rule 65A, Injunctions.

Repealed and Re-enacted by Chapter 125, 1997 General Session