Utah Code § 38-9-202

County recorder may reject wrongful lien within scope of employment -- Good
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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 and Amended by Chapter 114, 2014 General Session

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