Utah Code 38-9-304. Civil liability — Damages
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(1) If, under Section 38-9-303, a court finds that a recorded nonconsensual common law document is unenforceable, the document sponsor of the nonconsensual common law document is liable to each affected person for any actual damages proximately caused by recording the nonconsensual common law document, costs, and reasonable attorney fees.
Terms Used In Utah Code 38-9-304
- Affected person: means :(1)(a) a person who is a record interest holder of the real property that is the subject of a recorded nonconsensual common law document; or(1)(b) the person against whom a recorded nonconsensual common law document purports to reflect or establish a claim or obligation. See Utah Code 38-9-102
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Document sponsor: means a person who, personally or through a designee, signs or submits for recording a document that is, or is alleged to be, a nonconsensual common law document. See Utah Code 38-9-102
- Nonconsensual common law document: means a document that is submitted to a county recorder's office for recording against public official property that:
(5)(a) purports to create a lien or encumbrance on or a notice of interest in the real property;(5)(b) at the time the document is recorded, is not:(5)(b)(i) expressly authorized by this chapter or a state or federal statute;(5)(b)(ii) authorized by or contained in an order or judgment of a court of competent jurisdiction; or(5)(b)(iii) signed by or expressly authorized by a document signed by the owner of the real property; and(5)(c) is submitted in relation to the public official's status or capacity as a public official. 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(2) A person who is liable under Subsection (1) for a nonconsensual common law document is jointly and severally liable with each other person who is liable for the nonconsensual common law document.