38-9-3 - County recorder may reject wrongful lien within scope of employment -- Good faith requirement. - Utah Statutes

38-9-3. County recorder may reject wrongful lien within scope of employment --Good faith requirement.
(1) (a) A county recorder may reject recording of a lien if the county recorder determinesthe lien is a wrongful lien as defined in Section 38-9-1.
(b) If the county recorder rejects a document to record a lien in accordance withSubsection (1)(a), the county recorder shall immediately return the original document togetherwith a notice that the document was rejected pursuant to this section to the person attempting torecord the document or to the address provided on the document.
(2) A county recorder who, within the scope of the county recorder's employment, rejectsor accepts a document for recording in good faith under this section is not liable for damages.
(3) If a rejected document is later found to be recordable pursuant to a court order, itshall have no retroactive recording priority.
(4) Nothing in this chapter shall preclude any person from pursuing any remedy pursuantto Utah Rules of Civil Procedure, Rule 65A, Injunctions.

Amended by Chapter 381, 2010 General Session