Home/Utah/Statutes/Title 38: Liens/Ch. 38-9: Wrongful Lien Act/Part 38-9-2: Recording a Wrongful Lien/§ 38-9-202
Utah Statutes

§ 38-9-202 — County recorder may reject wrongful lien within scope of employment -- Good faith requirement.

Utah § 38-9-202
JurisdictionUtah
Title 38Liens
Ch. 38-9Wrongful Lien Act
Part 38-9-2Recording a Wrongful Lien

This text of Utah § 38-9-202 (County recorder may reject wrongful lien within scope of employment -- Good faith requirement.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Utah Code Ann. § 38-9-202 (2026).

Text

(1)(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.
(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

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Legislative History

Renumbered and Amended by Chapter 114, 2014 General Session

Nearby Sections

15
§ 38-10-101
Definitions.
§ 38-10-102
Those entitled to lien -- What may be attached -- Qualifying work, materials, equipment, and costs -- Liability of nonoperating owners.
§ 38-10-102.1
Perfection of lien -- Notice of subcontractor's claim -- Information required to be provided -- Payments to be held in trust.
§ 38-10-103
Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.
§ 38-10-104
Limitation of interests covered by lien.
§ 38-10-105
Notice of lien -- Recording -- Service on owner of interest -- Failure to serve notice -- Time of filing.
§ 38-10-106
Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest.
§ 38-10-107
Lien priority -- Proration of proceeds upon sale.
§ 38-10-108
Limitation upon owner's liability.
§ 38-10-109
Limitation on liability for other owners in production unit if notice provided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does not affect other defenses.
§ 38-10-110
Cancellation of lien.
§ 38-10-111
Abuse of lien right -- Penalty.
§ 38-10-112
Assignment of lien.
§ 38-10-113
Satisfaction of lien upon filing corporate surety bond or letter of credit -- Payment to lien claimant upon entry of judgment -- Filing -- Commencement time for action upon bond or undertaking.
§ 38-10-114
Attorney fees.
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Bluebook (online)
Utah § 38-9-202, Counsel Stack Legal Research, https://law.counselstack.com/statute/ut/38-9-202.