LegalFix

Section 303 - Enforcement proceeding required.

UT Code § 38-9-303 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.

(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.

(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.

(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

(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.

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 303 - Enforcement proceeding required.