38-9-202. County recorder may reject wrongful lien within scope of employment -- Good faith requirement.
192 words·~1 min read·
/ut/title-38/chapter-9/38-9-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/13/2014
38-9-202. County recorder may reject wrongful lien within scope of employment -- Good faith requirement.
(a)A county recorder may refuse to record a lien if the county recorder determines that the lien is a wrongful lien.
(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 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.
Renumbered and Amended by Chapter 114 , 2014 General Session