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2021 Utah Code
Title 78B - Judicial Code
Chapter 6 - Particular Proceedings
Part 13 - Quiet Title
Section 1304.5 - Civil liability for recording wrongful notice of pendency -- Damages.
Universal Citation: UT Code § 78B-6-1304.5 (2021)
Effective 5/10/2016
78B-6-1304.5. Civil liability for recording wrongful notice of pendency -- Damages.
A person is liable to the record owner of real property, or to a person with a leasehold interest in the real property that is damaged by the maintenance of a notice of pendency, for $10,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs, if the person records or causes to be recorded a notice of pendency against the real property, knowing or having reason to know that:
Enacted by Chapter 306, 2016 General Session
78B-6-1304.5. Civil liability for recording wrongful notice of pendency -- Damages.
A person is liable to the record owner of real property, or to a person with a leasehold interest in the real property that is damaged by the maintenance of a notice of pendency, for $10,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs, if the person records or causes to be recorded a notice of pendency against the real property, knowing or having reason to know that:
- (1) legal action against the property has not been filed as required by Section 78B-6-1303;
- (2) the notice is groundless;
- (3) the notice fails to comply with the notice requirements of Subsection 78B-6-1303(2); or
- (4) the notice contains an intentional material misstatement or false claim.
Enacted by Chapter 306, 2016 General Session
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