Christopher Green wrote:
On Mon, 29 Nov 2004 23:11:57 GMT, Subcomandante
<edicorp@sbcglobal.net> wrote:
Getting back your cost of a quiet title action to vacate the lien is
probably what you should expect. If a sale fell through because of the
lien, you could clim lost profits on the sale. I don't believe there's
statutory damages for wrongfully filing a lien.
Thanks!
State of Utah has Civil and Criminal I was wondering if there is a
federal origin for these statutes or if Utah is unique or if California
may have same.
38-9-4 Civil liability for filing wrongful lien - Damages.
(1) A lien claimant who records or files or causes a wrongful lien as
defined in Section 38-9-1 to be recorded or filed in the office of the
county recorder against real property is liable to a record interest
holder for any actual damages proximately caused by the wrongful lien.
(2) If the person in violation of this Subsection (1) refuses to release
or correct the wrongful lien within 20 days from the date of written
request from a record interest holder of the real property delivered
personally or mailed to the last-known address of the lien claimant, the
person is liable to that record interest holder for $1,000 or for treble
actual damages, whichever is greater, and for reasonable attorney fees
and costs.
(3) A person is liable to the record owner of real property for $3,000
or for treble actual damages, whichever is greater, and for reasonable
attorney fees and costs, who records or files or causes to be recorded
or filed a wrongful lien as defined in Section 38-9-1 in the office of
the county recorder against the real property, knowing or having reason
to know that the document:
(a) is a wrongful lien;
(b) is groundless; or
(c) contains a material misstatement or false claim.
1997
38-9-5 Criminal liability for filing a wrongful lien - Penalties.
(1) A person who intentionally records or files or causes to be recorded
or filed a wrongful lien with a county recorder is guilty of a class B
misdemeanor. Under this Subsection (1), it is an affirmative defense to
this offense that the person recorded or filed a release of the claim or
lien within 20 days from the date of written request from a record
interest holder that the wrongful lien be released. The accused person
shall prove this affirmative defense by a preponderance of the evidence.
(2) A person who intentionally records or files or causes to be recorded
or filed a wrongful lien with the county recorder is guilty of a third
degree felony if, at the time of recording or filing, the person
knowingly had no present, lawful property interest in the real property
and no reasonable basis to believe he had a present, lawful property
interest in the real property.
(3) Nothing in this section shall bar a prosecution for any act in
violation of Section 76-8-414 .
1997
