A recorded nonconsensual common law document that is recorded on or after May 13, 2014, is void and has no legal effect if the document sponsor does not:

(1) comply with the notice requirements described in Section 38-9-302;

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Terms Used In Utah Code 38-9-305

  • 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.
  • 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
(2) comply with the judicial enforcement requirements described in Section 38-9-303; and
(3) prevail in a judicial enforcement proceeding under Section 38-9-303.