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Utah House passes bill requiring judicial validation of nonconsensual common‑law liens
Summary
The House passed House Bill 16 after amendment, creating a new category for nonconsensual common‑law liens and requiring filers to seek judicial validation before such liens are effective; sponsor said filers — not homeowners — would bear validation costs. Vote: 61‑11.
House Bill 16, sponsored by Representative Webb, passed the Utah House 61‑11 on Feb. 10, 2014, after the adoption of an amendment broadening the bill’s definition to include the Board of Pardons and Parole. The measure creates a separate category for what the sponsor called “nonconsensual common law liens” and provides that those liens are not valid when recorded unless and until the filer obtains judicial validation.
The bill’s sponsor described the problem as liens filed primarily against public officials that “lock up” property titles and noted a recent surge in filings. Representative Webb said the statute would change the…
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