38-1-11. Enforcement -- Time for -- Lis pendens -- Action for debt not affected --
Instructions and form affidavit and motion.
(1) As used in this section:
(a) "Owner" is as defined in Section 38-11-102.
(b) "Residence" is as defined in Section 38-11-102.
(2) A lien claimant shall file an action to enforce the lien filed under this chapter within
180 days from the day on which the lien claimant filed a notice of claim under Section 38-1-7.
(3) (a) Within the time period provided for filing in Subsection (2) the lien claimant shall
file for record with the county recorder of each county in which the lien is recorded a notice of
the pendency of the action, in the manner provided in actions affecting the title or right to
possession of real property, or the lien shall be void, except as to persons who have been made
parties to the action and persons having actual knowledge of the commencement of the action.
(b) The burden of proof is upon the lien claimant and those claiming under the lien
claimant to show actual knowledge under Subsection (3)(a).
(4) (a) A lien filed under this chapter is automatically and immediately void if an action
to enforce the lien is not filed within the time required by this section.
(b) Notwithstanding Section 78B-2-111, a court has no subject matter jurisdiction to
adjudicate a lien that becomes void under Subsection (4)(a).
(5) This section may not be interpreted to impair or affect the right of any person to
whom a debt may be due for any work done or materials furnished to maintain a personal action
to recover the debt.
(6) (a) If a lien claimant files an action to enforce a lien filed under this chapter involving
a residence, the lien claimant shall include with the service of the complaint on the owner of the
residence:
(i) instructions to the owner of the residence relating to the owner's rights under Title 38,
Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; and
(ii) a form to enable the owner of the residence to specify the grounds upon which the
owner may exercise available rights under Title 38, Chapter 11, Residence Lien Restriction and
Lien Recovery Fund Act.
(b) The instructions and form required by Subsection (6)(a) shall meet the requirements
established by rule by the Division of Occupational and Professional Licensing in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) If a lien claimant fails to provide to the owner of the residence the instructions and
form required by Subsection (6)(a), the lien claimant shall be barred from maintaining or
enforcing the lien upon the residence.
(d) Judicial determination of the rights and liabilities of the owner of the residence under
this chapter and Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act,
and Title 14, Chapter 2, Private Contracts, shall be stayed until after the owner is given a
reasonable period of time to establish compliance with Subsections 38-11-204(4)(a) and (4)(b)
through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures
Act, commenced within 30 days of the owner being served summons in the foreclosure action, at
the Division of Occupational and Professional Licensing and obtain a certificate of compliance or
denial of certificate of compliance, as defined in Section 38-11-102.
(e) An owner applying for a certificate of compliance under Subsection (6)(d) shall send
by certified mail to all lien claimants:
(i) a copy of the application for a certificate of compliance; and
(ii) all materials filed in connection with the application.
(f) The Division of Occupational and Professional Licensing shall notify all lien
claimants listed in an owner's application for a certificate of compliance under Subsection (6)(d)
of the issuance or denial of a certificate of compliance.
(7) The written notice requirement applies to liens filed on or after July 1, 2004.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009