Utah Code 38-9-204. Petition to file lien — Notice to record interest holders — Summary relief — Contested petition
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(1) A lien claimant whose document is rejected pursuant to Section 38-9-202 may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an expedited determination that the lien may be recorded.
Terms Used In Utah Code 38-9-204
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Interest holder: means a person who holds or possesses a present, lawful property interest in certain real property, including an owner, title holder, mortgagee, trustee, or beneficial owner. See Utah Code 38-9-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien claimant: means a person claiming an interest in real property who offers a document for recording or filing with any county recorder in the state asserting a lien, or notice of interest, or other claim of interest in certain real property. See Utah Code 38-9-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Record interest holder: includes any grantor in the chain of the title in real property. See Utah Code 38-9-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Venue: The geographical location in which a case is tried.
(2) A petition under Subsection (1) shall:(2)(a) be filed:(2)(a)(i) notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, in the county of the county recorder who refused to record the document if the petition is filed in the district court; and(2)(a)(ii) within 10 days after the day on which the person who files the petition receives the notice under Subsection38-9-202 (1)(b) of the county recorder’s refusal to record the document;(2)(b) state with specificity the grounds why the document should lawfully be recorded; and(2)(c) be supported by a sworn affidavit of the lien claimant.(3) If the court finds the petition is insufficient, it may dismiss the petition without a hearing.(4)(4)(a) If the court grants a hearing, the petitioner shall, by certified or registered mail, serve a copy of the petition, notice of hearing, and a copy of the court’s order granting an expedited hearing on all record interest holders of the property sufficiently in advance of the hearing to enable any record interest holder to attend the hearing.(4)(b) Any record interest holder of the property has the right to attend and contest the petition.(5)(5)(a) If, following a hearing, the court finds that the document may lawfully be recorded, the court shall issue an order directing the county recorder to accept the document for recording.(5)(b) If the petition is contested, the court may award costs and reasonable attorney fees to the prevailing party.(6)(6)(a) A summary proceeding under this section:(6)(a)(i) may only determine whether a contested document, on its face, shall be recorded by the county recorder; and(6)(a)(ii) may not determine the truth of the content of the document or the property or legal rights of the parties beyond the necessary determination of whether the document shall be recorded.(6)(b) A court’s grant or denial of a petition under this section may not restrict any other legal remedies of any party, including any right to injunctive relief pursuant to Rules of Civil Procedure, Rule 65A, Injunctions.(7) If a petition under this section contains a claim for damages, the proceedings related to the claim for damages may not be expedited under this section.