Current through the 2024 Fourth Special Session
Section 38-9-202 - County recorder may reject wrongful lien within scope of employment - Good faith requirement(1)(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 from § 38-9-3 and amended by Chapter 114, 2014 General Session ,§ 5, eff. 5/13/2014.Amended by Chapter 381, 2010 General Session