38-9-302.  Recording a nonconsensual common law document — Procedure.

(1)  For a nonconsensual common law document recorded on or after May 13, 2014, within five business days after the day on which an individual submits a nonconsensual common law document to a county recorder for recording, the individual shall cause the sheriff to serve written notice of the recording of the nonconsensual common law document upon each affected person.

contract signature

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Utah Code 38-9-302

  • Affected person: means :
(a) a person who is a record interest holder of the real property that is the subject of a recorded nonconsensual common law document; or
(b) the person against whom a recorded nonconsensual common law document purports to reflect or establish a claim or obligation. See Utah Code 38-9-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Document sponsor: means a person who, personally or through a designee, signs or submits for recording a document that is, or is alleged to be, a nonconsensual common law document. See Utah Code 38-9-102
  • Nonconsensual common law document: means a document that is submitted to a county recorder's office for recording against public official property that:
    (a) purports to create a lien or encumbrance on or a notice of interest in the real property;
    (b) at the time the document is recorded, is not:
    (i) expressly authorized by this chapter or a state or federal statute;
    (ii) authorized by or contained in an order or judgment of a court of competent jurisdiction; or
    (iii) signed by or expressly authorized by a document signed by the owner of the real property; and
    (c) is submitted in relation to the public official's status or capacity as a public official. See Utah Code 38-9-102
    (2)  A written notice described in Subsection (1) shall include:

    (a)  the name, address, and telephone number of the document sponsor;

    (b)  the date the nonconsensual common law document was recorded; and

    (c)  a copy of the nonconsensual common law document.

    (3) 

    (a)  No later than three business days after the day on which the sheriff serves the written notice described in Subsection (1), the sheriff shall submit proof of service to the county recorder for recording.

    (b)  The county recorder may not charge a fee for recording a proof of service under Subsection (3)(a).

    Enacted by Chapter 114, 2014 General Session

      Previous section
    Next section  
     Part 3 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT