Utah Code 57-31-201. Civil liability for recording a fraudulent deed — Damages
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(1) A purported grantor who records a fraudulent deed or causes a fraudulent deed to be recorded in the office of a county recorder is liable to a record interest holder as described in Subsection (2).
Terms Used In Utah Code 57-31-201
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Deed: means an instrument in writing, including any conveyance that affects, purports to affect, describes, or otherwise concerns any right, title, or interest in real property. See Utah Code 57-31-101
- Fraudulent deed: means a deed that is not executed or authorized to be executed by the record interest holder. See Utah Code 57-31-101
- Grantor: The person who establishes a trust and places property into it.
- Interest holder: means a person who holds or possesses a present, lawful property interest in real property. See Utah Code 57-31-101
- Purported grantor: means a person who executes or causes to be executed a fraudulent deed. See Utah Code 57-31-101
- Record interest holder: means a person:(6)(a) who holds or possesses a present, lawful property interest in real property; and(6)(b) whose name and interest in the real property appears in the county recorder's records for the county in which the property is located. See Utah Code 57-31-101(2) If a court determines that a deed is a fraudulent deed under Section
57-31-202 , the purported grantor is liable to the record interest holder for:(2)(a) the greater of:(2)(a)(i) $10,000; or(2)(a)(ii) treble actual damages; and(2)(b) reasonable attorney fees and costs.