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2012 Utah Code
Title 38 - Liens
Article 9 - Wrongful Liens and Wrongful Judgment Liens
Section 3 - County recorder may reject wrongful lien within scope of employment -- Good faith requirement.

Universal Citation:
UT Code ยง 38-9-3 (2012)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

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

(1) (a) 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.

(b) If the county recorder rejects a document to record a lien in accordance with Subsection (1)(a), 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 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 in good faith under this section is not liable for damages.

(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.


Amended by Chapter 381, 2010 General Session

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