Utah Code 38-9-202. County recorder may reject wrongful lien within scope of employment — Good faith requirement
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Terms Used In Utah Code 38-9-202
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Wrongful lien: includes a document recorded in violation of Subsection
10-9a-532 (2)(d). See Utah Code 38-9-102(1)(a) A county recorder may refuse to record a lien if the county recorder determines that the lien is a wrongful lien.(1)(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. - Wrongful lien: includes a document recorded in violation of Subsection
(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.