38-9-305.  Failure to comply — Nonconsensual common law document void.
     A recorded nonconsensual common law document that is recorded on or after May 13, 2014, is void and has no legal effect if the document sponsor does not:

(1)  comply with the notice requirements described in Section 38-9-302;

contract signature

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Terms Used In Utah Code 38-9-305

  • 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)  comply with the judicial enforcement requirements described in Section 38-9-303; and

(3)  prevail in a judicial enforcement proceeding under Section 38-9-303.

Enacted by Chapter 114, 2014 General Session

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