Utah Statutes
§ 38-9-202 — County recorder may reject wrongful lien within scope of employment -- Good faith requirement.
(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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Utah § 38-9-202 (County recorder may reject wrongful lien within scope of employment -- Good faith requirement.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
Renumbered and Amended by Chapter 114, 2014 General Session
Nearby Sections
15
§ 38-10-101
Definitions.§ 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.§ 38-10-106
Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest.§ 38-10-108
Limitation upon owner's liability.§ 38-10-110
Cancellation of lien.§ 38-10-111
Abuse of lien right -- Penalty.§ 38-10-112
Assignment of lien.§ 38-10-114
Attorney fees.