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2025 Utah Code
Title 38 - Liens
Chapter 9 - Wrongful Lien Act
Part 2 - Recording a Wrongful Lien
Section 202 - County recorder may reject wrongful lien within scope of employment -- Good faith requirement.
Universal Citation:
UT Code § 38-9-202 (2025)
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Effective 5/13/2014
38-9-202. County recorder may reject wrongful lien within scope of employment -- Good faith requirement.
Renumbered and Amended by Chapter 114, 2014 General Session
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), 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 document that a county recorder refuses to record under this section is later found not to be a wrongful lien pursuant to a court order, it shall have no retroactive recording priority.
- (4) Nothing in this chapter precludes a person from pursuing any remedy pursuant to Utah Rules of Civil Procedure, Rule 65A, Injunctions.
Renumbered and Amended by Chapter 114, 2014 General Session
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