H.B. 266

1

WRONGFUL LIEN AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 General Description:
9 This bill amends the wrongful lien definitions.
10 Highlighted Provisions:
11 This bill:
12 . amends definitions; and
13 . makes technical corrections.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 38-9-1, as last amended by Laws of Utah 2008, Chapter 223
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 38-9-1 is amended to read:
24 38-9-1. Definitions.
25 As used in this chapter:
26 (1) "Interest holder" means a person who holds or possesses a present, lawful property
27 interest in certain real property, including an owner, title holder, mortgagee, trustee, or

28 beneficial owner.
29 (2) "Lien claimant" means a person claiming an interest in real property who offers a
30 document for recording or filing with any county recorder in the state asserting a lien, or notice
31 of interest, or other claim of interest in certain real property.
32 (3) "Owner" means a person who has a vested ownership interest in certain real
33 property.
34 (4) (a) "Record interest holder" means a person who holds or possesses a present,
35 lawful property interest in certain real property, including an owner, titleholder, mortgagee,
36 trustee, or beneficial owner, and whose name and interest in that real property appears in the
37 county recorder's records for the county in which the property is located.
38 (b) "Record interest holder" includes a grantor of a deed conveying title to a person
39 who holds or possesses a present, lawful property interest in certain real property.
40 (5) "Record owner" means an owner whose name and ownership interest in certain real
41 property is recorded or filed in the county recorder's records for the county in which the
42 property is located.
43 (6) "Wrongful lien" means any document that purports to create a lien, notice of
44 interest, or encumbrance on an owner's interest in certain real property and at the time it is
45 recorded or filed is not:
46 (a) expressly authorized by this chapter or another state or federal statute;
47 (b) authorized by or contained in an order or judgment of a court of competent
48 jurisdiction in the state; or
49 (c) signed by or authorized pursuant to a document signed by the owner of the real
50 property.




Legislative Review Note
as of 1-15-09 10:48 AM

Office of Legislative Research and General Counsel