Title 78B - Judicial Code - Chapter 6 - Particular Proceedings - Part 13 - Quiet Title - Section 1304.5 - Civil liability for recording wrongful notice of pendency -- Damages.


Published: 2016-05-10

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Utah Code

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Effective 5/10/2016 78B-6-1304.5 Civil liability for recording wrongful notice of pendency -- Damages.

A person is liable to the record owner of real property, or to a person with a leasehold interest in the real property that is damaged by the maintenance of a notice of pendency, for $10,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs, if the person records or causes to be recorded a notice of pendency against the real property, knowing or having reason to know that: (1) legal action against the property has not been filed as required by Section 78B-6-1303; (2) the notice is groundless; (3) the notice fails to comply with the notice requirements of Subsection 78B-6-1303(2); or (4) the notice contains an intentional material misstatement or false claim.

Enacted by Chapter 306, 2016 General Session