Utah
UCC office may refuse harassing non-established-filer filings and terminate on a debtor's affidavit; recorder may refuse wrongful liens What the badges mean
Last verified: October 13, 2026 — confirm current text on the official site; this date is not a promise the law is unchanged.
UCC financing statements
Check if one exists
Free basic search. Login/account required. Department of Commerce. Free basic search, but a UtahID account is mandatory to use it.
Refusal / removal authority
Utah Code §70A-9a-516(2)(h) lets the filing office refuse an initial financing statement or amendment adding a debtor when the record was not communicated by an established filer and the office reasonably believes the intent is to harass, defraud, or otherwise violate law. §70A-9a-513.5 is the companion affidavit/termination and established-filer definition path (14-day delay, or immediate after admin review).
UT §70A-9a-516
UT §70A-9a-513.5
Full citations
- Utah Code §70A-9a-516(2)(h)
- Utah Code §70A-9a-513.5
The filing office refuses under (2)(h) for non-established filers with reasonable belief of harassment/fraud; debtor affidavit termination under §513.5; court action for reinstatement.
If it's already filed: §70A-9a-513.5 termination; information statement / §70A-9a-518 / §70A-9a-625.
Real-property liens
Title 38, Chapter 9 (the Wrongful Lien Act) is the live real-property chapter. §38-9-102(12) defines a wrongful lien as a document that purports to create a lien, notice of interest, or encumbrance on an owner's interest in real property and, when recorded, is not authorized by statute, by a court order or judgment, or by a document signed by the owner (2026 S.B. 196, in effect May 6, 2026, added certain transfer-fee-covenant documents to the definition). Under §38-9-202(1), "a county recorder may refuse to record a lien if the county recorder determines that the lien is a wrongful lien" and must return the original with a rejection notice; a recorder who rejects or accepts a document in good faith is not liable for damages (§38-9-202(2)). §38-9-205 is the court summary proceeding to nullify. Chapter 9a injunction remedies are separate from §38-9-205.
UT §38-9-101
UT §38-9-102
UT §38-9-202
UT §38-9-203
UT §38-9-205
Full citations
- Utah Code §38-9-101 et seq.
- Utah Code §38-9-102(12)
- Utah Code §38-9-202
- Utah Code §38-9-203
- Utah Code §38-9-205
§38-9-202 lets the county recorder refuse to record a wrongful lien. A refused document later found by a court not to be a wrongful lien has no retroactive recording priority (§38-9-202(3)). For a wrongful lien already recorded, §38-9-205 provides a petition by a record interest holder, supported by a sworn affidavit, for summary relief to nullify it; if the petition is sufficient the court schedules a hearing within 10 days, and a lien found wrongful is declared void ab initio, with costs and reasonable attorney fees to the petitioner.
If it's already recorded: Court nullification under §38-9-205. §38-9-203 makes a lien claimant who records a wrongful lien liable for actual damages; $3,000 or treble actual damages (whichever is greater) plus attorney fees and costs if the claimant does not release or correct it within 10 days of a written request; and $10,000 or treble actual damages plus fees and costs if the claimant knew or had reason to know the document was a wrongful lien, groundless, or contained a material misstatement or false claim.
Real-property records are held by the county recorder where the property sits.
Get notified before it happens
Utah has a free "property fraud alert" service — it emails or mails you whenever a document gets recorded against your name, so you find out right away instead of months later. Sign up for Salt Lake County Property Watch →
Utah Code §17-71-302(1)(b) (formerly §17-21-6(1)(m), added by SB 165, 2024; notice duty began Jan. 1, 2025) requires every county recorder to offer opt-in electronic notice when a deed or mortgage records, sent within 30 days of recording, for property that receives a county tax notice (§17-71-302(3)). Salt Lake’s Property Watch is the largest-county example; Davis and Utah counties run their own.
If you're a government official or employee
For a "nonconsensual common law document" recorded against a public official's property in relation to the official's status or capacity (§38-9-102(5), (8), (9)), the document sponsor must have the sheriff serve notice on each affected person within five business days (§38-9-302) and must bring a court action within 10 business days to obtain an order that the document is valid (§38-9-303(1)). The document is presumed invalid and unenforceable (§38-9-303(6)), and it is void if the sponsor does not comply or does not prevail (§38-9-305). A sponsor whose document is found unenforceable is liable for actual damages, costs and reasonable attorney fees (§38-9-304).
UT §38-9-301
Full citation
- Utah Code §§38-9-301 to 38-9-305
Official form: UCC Affidavit (Utah Division of Corporations & Commercial Code)
Utah's Department of Commerce publishes a one-page UCC Affidavit for §70A-9a-513.5. A person identified as debtor uses it to state, under oath and before a notary, that a financing statement was unauthorized and intended to harass or defraud; that starts the 14-day process described above. The form notes that what is filed becomes a public record under Utah's records law. The Division links the form from its Uniform Commercial Code page.
Open the Utah UCC Affidavit form →
LienGuardAI does not publish templates or fill-in documents; the official version is the one on the government source, and it can change.
UT §70A-9a-513.5
How this usually works in Utah
A summary of the tools Utah law and filing offices provide — general information, not instructions for your facts. Confirm current practice with the filing office and talk to an attorney about your situation.
- 1Utah's UCC search is free but requires a UtahID account (link on this page).
- 2§70A-9a-516(2)(h) lets the filing office refuse a UCC filing from a non-established filer that it reasonably believes is intended to harass or defraud.
- 3§70A-9a-513.5 provides an affidavit path to terminate a UCC filing after it is filed (described in the form section above).
- 4For land records, §38-9-202 lets the county recorder refuse a wrongful lien, and §38-9-205 provides a court petition to nullify one already recorded (Title 38, Chapter 9 — a separate chapter from the UCC provisions in Chapter 9a).
What to expect
Utah's researched tools are a UCC refusal and affidavit-termination path (limited by the established-filer condition) and a separate wrongful-lien chapter for land records, including a recorder refusal power and a court petition to nullify. Confirm the current fee on the state's official site — filing and search fees change and are not published here.
Sources: the LienGuardAI fifty-state survey and UCC search portal review (How we verify). No dollar fee amounts are published here — always confirm the current fee on the state's own site.