LegalFix

Section 102 - Notice requirements for lien filings -- Exceptions.

UT Code § 38-12-102 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) A lien claimant or the lien claimant's agent shall send by certified mail a written copy of a notice of lien to the last-known address of the person against whom the notice of lien is filed no later than 30 days after the day on which the notice of lien is submitted for recording with: (a) a county recorder; (b) a county clerk; (c) a clerk of the court; or (d) in the case of a lien on an aircraft under Section 38-13-201, the Federal Aviation Administration.

(a) a county recorder;

(b) a county clerk;

(c) a clerk of the court; or

(d) in the case of a lien on an aircraft under Section 38-13-201, the Federal Aviation Administration.

(2) (a) A notice of lien submitted for recording shall contain the following information: (i) the name and address of the person against whom the lien is filed; (ii) a statement that the property owned by the person against whom the lien is filed is subject to a lien; (iii) (A) the amount of the judgment, settlement, or compromise, if the lien is based on a charge against or interest in a judgment, settlement, or compromise; (B) the amount of state taxes owed, if the lien is based on unpaid state taxes; (C) the total amount of the unpaid assessment that is subject to the lien, including any fees, charges, or costs, if the lien is based on an unpaid assessment under Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act; or (D) the amount of the unpaid fine, if the lien is based on an unpaid fine under Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act; and (iv) (A) the name, address, and phone number of the lien claimant; or (B) if the lien claimant has a representative for purposes of the lien, the name of the lien claimant and the name, address, and phone number of the lien claimant's representative. (b) When a lien claimant mails a copy of a notice of lien to the person against whom the notice of lien is filed, in accordance with Subsection (1), the notice of lien shall contain: (i) the requirements described in Subsection (2)(a); (ii) the date the notice of lien was submitted for recording; and (iii) the article number on the certified mail receipt.

(a) A notice of lien submitted for recording shall contain the following information: (i) the name and address of the person against whom the lien is filed; (ii) a statement that the property owned by the person against whom the lien is filed is subject to a lien; (iii) (A) the amount of the judgment, settlement, or compromise, if the lien is based on a charge against or interest in a judgment, settlement, or compromise; (B) the amount of state taxes owed, if the lien is based on unpaid state taxes; (C) the total amount of the unpaid assessment that is subject to the lien, including any fees, charges, or costs, if the lien is based on an unpaid assessment under Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act; or (D) the amount of the unpaid fine, if the lien is based on an unpaid fine under Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act; and (iv) (A) the name, address, and phone number of the lien claimant; or (B) if the lien claimant has a representative for purposes of the lien, the name of the lien claimant and the name, address, and phone number of the lien claimant's representative.

(i) the name and address of the person against whom the lien is filed;

(ii) a statement that the property owned by the person against whom the lien is filed is subject to a lien;

(iii) (A) the amount of the judgment, settlement, or compromise, if the lien is based on a charge against or interest in a judgment, settlement, or compromise; (B) the amount of state taxes owed, if the lien is based on unpaid state taxes; (C) the total amount of the unpaid assessment that is subject to the lien, including any fees, charges, or costs, if the lien is based on an unpaid assessment under Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act; or (D) the amount of the unpaid fine, if the lien is based on an unpaid fine under Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act; and

(A) the amount of the judgment, settlement, or compromise, if the lien is based on a charge against or interest in a judgment, settlement, or compromise;

(B) the amount of state taxes owed, if the lien is based on unpaid state taxes;

(C) the total amount of the unpaid assessment that is subject to the lien, including any fees, charges, or costs, if the lien is based on an unpaid assessment under Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act; or

(D) the amount of the unpaid fine, if the lien is based on an unpaid fine under Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act; and

(iv) (A) the name, address, and phone number of the lien claimant; or (B) if the lien claimant has a representative for purposes of the lien, the name of the lien claimant and the name, address, and phone number of the lien claimant's representative.

(A) the name, address, and phone number of the lien claimant; or

(B) if the lien claimant has a representative for purposes of the lien, the name of the lien claimant and the name, address, and phone number of the lien claimant's representative.

(b) When a lien claimant mails a copy of a notice of lien to the person against whom the notice of lien is filed, in accordance with Subsection (1), the notice of lien shall contain: (i) the requirements described in Subsection (2)(a); (ii) the date the notice of lien was submitted for recording; and (iii) the article number on the certified mail receipt.

(i) the requirements described in Subsection (2)(a);

(ii) the date the notice of lien was submitted for recording; and

(iii) the article number on the certified mail receipt.

(3) The notice requirements of Subsections (1) and (2) do not apply to: (a) a preconstruction or construction lien as provided in Title 38, Chapter 1a, Preconstruction and Construction Liens; (b) a lessors' lien as provided in Title 38, Chapter 3, Lessors' Liens; (c) a federal tax lien as provided in Title 38, Chapter 6, Federal Tax Liens; (d) a hospital lien as provided in Title 38, Chapter 7, Hospital Lien Law; (e) a self-service storage facilities lien as provided in Title 38, Chapter 8, Self-Service Storage Facilities; (f) an oil, gas, or mining lien as provided in Title 38, Chapter 10, Oil, Gas, and Mining Liens; (g) a claim against the Residence Lien Recovery Fund as provided in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; (h) a trust deed; (i) a mortgage; (j) any interests subject to a security agreement as defined in Section 70A-9a-102; (k) any other liens subject to the same or stricter notice requirements than those imposed by Subsections (1) and (2); or (l) a court judgment or abstract of a court judgment presented for recording in the office of a county recorder.

(a) a preconstruction or construction lien as provided in Title 38, Chapter 1a, Preconstruction and Construction Liens;

(b) a lessors' lien as provided in Title 38, Chapter 3, Lessors' Liens;

(c) a federal tax lien as provided in Title 38, Chapter 6, Federal Tax Liens;

(d) a hospital lien as provided in Title 38, Chapter 7, Hospital Lien Law;

(e) a self-service storage facilities lien as provided in Title 38, Chapter 8, Self-Service Storage Facilities;

(f) an oil, gas, or mining lien as provided in Title 38, Chapter 10, Oil, Gas, and Mining Liens;

(g) a claim against the Residence Lien Recovery Fund as provided in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;

(h) a trust deed;

(i) a mortgage;

(j) any interests subject to a security agreement as defined in Section 70A-9a-102;

(k) any other liens subject to the same or stricter notice requirements than those imposed by Subsections (1) and (2); or

(l) a court judgment or abstract of a court judgment presented for recording in the office of a county recorder.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 102 - Notice requirements for lien filings -- Exceptions.