Utah Code 38-9-303. Enforcement proceeding required

38-9-303. Enforcement proceeding required.

(1)

For a nonconsensual common law document recorded on or after May 13, 2014, within 10 business days after the day on which a document sponsor submits a nonconsensual common law document to the county recorder for recording, the document sponsor shall file a complaint in district court in the county of the county recorder where the nonconsensual common law document was recorded for a proceeding to obtain an order that the nonconsensual common law document is valid and enforceable.

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Terms Used In Utah Code 38-9-303

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

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

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.

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

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

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

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

Person: means :Utah Code 68-3-12.5

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(2)

A complaint to initiate a judicial proceeding described in Subsection (1) shall:

(a)	state with specificity the grounds that make the nonconsensual common law document valid and enforceable;

(b)	be supported by the document sponsor’s sworn affidavit; and

(c)	name each affected person as an opposing party.

(3)	If the court finds that a complaint filed under Subsection (1) does not meet the requirements described in Subsection (2), the court may dismiss the complaint without a hearing.

(4)

If a complaint filed under Subsection (1) meets the requirements described in Subsection (2), the court:

(a)	shall hold a hearing;

(b)

following the hearing, shall issue an order that:

(i)	states whether the nonconsensual common law document is valid and enforceable; and

(ii)	includes a legal description of the real property that is the subject of the complaint; and

(c)	may award costs and reasonable attorney fees to the prevailing party.

(5)	Within three business days after the day on which the court issues a final order in a proceeding under this section, the prevailing party shall submit a copy of the court’s final order to the county recorder for recording.

(6)	A nonconsensual common law document is presumed invalid and unenforceable.

(7)	A person‘s lack of belief in the jurisdiction or authority of the state or of the government of the United States is not a defense to liability under this section.

(8)	A court’s order in a proceeding under this section does not restrict any other legal remedies available to any party, including any right to injunctive relief under Rules of Civil Procedure, Rule 65A, Injunctions.

Enacted by Chapter 114, 2014 General Session

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