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Utah Code Title 78B. Judicial Code § 78B-6-1304.5. Civil liability for recording wrongful notice of pendency--Damages

Current as of May 05, 2022 | Updated by FindLaw Staff

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.

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Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-6-1304.5. Civil liability for recording wrongful notice of pendency--Damages - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-6-1304-5/

Read this complete Utah Code Title 78B. Judicial Code § 78B-6-1304.5. Civil liability for recording wrongful notice of pendency--Damages on Westlaw

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