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 bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to obtain an order that the nonconsensual common law document is valid and enforceable.
(b)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the document sponsor shall bring an action described in Subsection (1)(a) in the county of the county recorder where the nonconsensual common law document was recorded if the person brings the petition in the district court.
(2)
A complaint to initiate an action 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.
(3)
If the court finds that a complaint does not meet the requirements described in Subsection (2), the court may dismiss the complaint without a hearing.
(4)
If a complaint 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.
(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 an action under this section does not restrict any other legal remedies available to any party, including any right to injunctive relief under Utah Rules of Civil Procedure, Rule 65A, Injunctions.
Section 38-9-303 ("Enforcement proceeding required.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 38-9-303?
A common citation format is "Utah Code § 38-9-303" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 38-9-303 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
