Utah Code § 38-11-102 — Utah Code / Title 38 / Chapter 38-11 / § 38-11-102
§ 38-11-102. Definitions.
Status: in_force

(1) "Certificate of compliance" means an order issued by the director to the owner finding that the owner is in compliance with the requirements of Subsections 38-11-204(4)(a) and (4)(b) and is entitled to protection under Section 38-11-107. (2) "Construction on an owner-occupied residence" means designing, engineering, constructing, altering, remodeling, improving, repairing, or maintaining a new or existing residence. (3) "Department" means the Department of Commerce. (4) "Director" means the director of the Division of Professional Licensing or the director's designee. (5) "Division" means the Division of Professional Licensing. (6) "Duplex" means a single building having two separate living units. (7) "Encumbered fund balance" means the aggregate amount of outstanding claims against the fund. The remainder of the money in the fund is unencumbered funds. (8) "Executive director" means the executive director of the Department of Commerce. (9) "Factory built housing" is as defined in Section 15A-1-302. (10) "Factory built housing retailer" means a person that sells factory built housing to consumers. (11) "Fund" means the Residence Lien Recovery Fund established under Section 38-11-201. (12) "Laborer" means a person who provides services at the site of the construction on an owner-occupied residence as an employee of an original contractor or other qualified beneficiary performing qualified services on the residence. (13) "Licensee" means any holder of a license issued under Title 58, Chapter 3a, Architects Licensing Act; Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; Chapter 53, Landscape Architects Licensing Act; and Chapter 55, Utah Construction Trades Licensing Act. (14) "Nonpaying party" means the original contractor, subcontractor, or real estate developer who has failed to pay the qualified beneficiary making a claim against the fund. (15) "Original contractor" means a person who contracts with the owner of real property or the owner's agent to provide services, labor, or material for the construction of an owner-occupied residence. (16) "Owner" means a person who: (a) contracts with a person who is licensed as a contractor or is exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on an owner-occupied residence upon real property that the person: (i) owns; or (ii) purchases after the person enters into a contract described in this Subsection (16)(a) and before completion of the owner-occupied residence; (b) contracts with a real estate developer to buy a residence upon completion of the construction on the owner-occupied residence; or (c) purchases a residence from a real estate developer after completion of the construction on the owner-occupied residence. (17) "Owner-occupied residence" means a residence that is, or after completion of the construction on the residence will be, occupied by the owner or the owner's tenant or lessee as a primary or secondary residence within 180 days after the day on which the construction on the residence is complete. (18) "Qualified beneficiary" means a person who: (a) provides qualified services; (b) pays necessary fees required under this chapter; and (c) registers with the division: (i) as a licensed contractor under Subsection 38-11-301(1) or (2), if that person seeks recovery from the fund as a licensed contractor; or (ii) as a person providing qualified services other than as a licensed contractor under Subsection 38-11-301(3) if the person seeks recovery from the fund in a capacity other than as a licensed contractor. (19) (a) "Qualified services" means the following performed in construction on an owner-occupied residence: (i) contractor services provided by a contractor licensed or exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act; (ii) architectural services provided by an architect licensed under Title 58, Chapter 3a, Architects Licensing Act; (iii) engineering and land surveying services provided by a professional engineer or land surveyor licensed or exempt from licensure under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; (iv) landscape architectural services by a landscape architect licensed or exempt from licensure under Title 58, Chapter 53, Landscape Architects Licensing Act; (v) design and specification services of mechanical or other systems; (vi) other services related to the design, drawing, surveying, specification, cost estimation, or other like professional services; (vii) providing materials, supplies, components, or similar products; (viii) renting equipment or materials; (ix) labor at the site of the construction on the owner-occupied residence; and (x) site preparation, set up, and installation of factory built housing. (b) "Qualified services" does not include the construction of factory built housing in the factory. (20) "Real estate developer" means a person having an ownership interest in real property who: (a) contracts with a person who is licensed as a contractor or is exempt from licensure under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction of a residence that is offered for sale to the public; or (b) is a licensed contractor under Title 58, Chapter 55, Utah Construction Trades Licensing Act, who engages in the construction of a residence that is offered for sale to the public. (21) (a) "Residence" means an improvement to real property used or occupied, to be used or occupied as, or in conjunction with: (i) a primary or secondary detached single-family dwelling; or (ii) a multifamily dwelling up to and including duplexes. (b) "Residence" includes factory built housing. (22) "Subsequent owner" means a person who purchases a residence from an owner within 180 days after the day on which the construction on the residence is completed.
Utah Code § 38-1a-402 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-402
§ 38-1a-402. Notice of preconstruction lien -- Requirements.
Status: in_force

(1) Within 90 days after completing a preconstruction service for which a claimant is not paid in full, a claimant who desires to claim a preconstruction lien shall submit for recording with each applicable county recorder a notice of preconstruction lien. (2) A claimant who fails to submit a notice of preconstruction lien as provided in Subsection (1) may not claim a preconstruction lien. (3) (a) A notice of preconstruction service lien shall include: (i) the claimant's name, mailing address, and telephone number; (ii) a statement that the claimant claims a preconstruction lien; (iii) the date the claimant's notice of preconstruction service was filed; (iv) the name of the person that employed the claimant; (v) a general description of the preconstruction service provided by the claimant; (vi) the date that the claimant last provided preconstruction service; (vii) the name, if known, of the reputed owner or, if not known, the name of the record owner; (viii) a description of the project property sufficient for identification; (ix) the principal amount, excluding interest, costs, and attorney fees, claimed by the claimant; (x) the claimant's signature or the signature of the claimant's authorized agent; (xi) an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents; and (xii) if the lien is against an owner-occupied residence, as defined in Section 38-11-102, a statement meeting the requirements that the division has established by rule, describing the steps the owner of the owner-occupied residence may take to require a claimant to remove the lien as provided in Section 38-11-107. (b) (i) A claimant who is an original contractor or a supervising subcontractor may include in a notice of preconstruction lien the name, address, and telephone number of each subcontractor who is under contract with the claimant to provide preconstruction service that the claimant is under contract to provide. (ii) The inclusion of a subcontractor in a notice of preconstruction lien filed by another claimant is not a substitute for the subcontractor's own submission of a notice of preconstruction lien. (4) (a) A county recorder: (i) shall record each notice of preconstruction lien in an index maintained for that purpose; and (ii) need not verify that a valid notice of preconstruction service is filed with respect to the claimed preconstruction lien. (b) All persons are considered to have notice of a notice of preconstruction lien from the time it is recorded. (5) (a) Within 30 days after a claimant's notice of preconstruction lien is recorded, the claimant shall send by certified mail a copy of the notice to the reputed or record owner. (b) If the record owner's address is not readily available to the claimant, the claimant may mail a copy of the notice to the owner's last-known address as it appears on the last completed assessment roll of the county in which the property is located. (c) A claimant's failure to mail a copy of the notice as required in this Subsection (5) precludes the claimant from being awarded costs and attorney fees against the reputed or record owner in an action to enforce the lien. (6) Nothing in this section may be construed to prohibit a claimant from recording a notice of preconstruction lien before completing the preconstruction service the claimant contracted to provide.
Utah Code § 38-10-106 — Utah Code / Title 38 / Chapter 38-10 / § 38-10-106
§ 38-10-106. Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest.
Status: in_force

(1) Actions to enforce the liens created by this chapter shall be commenced within 180 days after the filing of the notice of lien required by Section 38-10-105. The lien claimant shall, within 10 working days after commencement of the action, file a notice of the pendency of the action with the county recorder of each county in which the lien is recorded or the lien shall be void, except as to persons who have been served and made parties to the action. Nothing in this chapter shall be construed to impair or affect the right of any person to whom a debt may be due for any work performed or materials or equipment furnished to maintain an action to recover the debt. (2) In any action to enforce a lien under this chapter, the provisions of Sections 38-1a-702 and 38-1a-705 apply. (3) Upon the entry of a judgment foreclosing the lien, execution on an interest shall be governed as follows: (a) upon real property by Section 38-1a-704; and (b) upon personalty by the Utah Rules of Civil Procedure.
Utah Code § 38-3-4 — Utah Code / Title 38 / Chapter 38-3 / § 38-3-4
§ 38-3-4. Attachment -- Affidavit and bond.
Status: in_force

The lessor shall before the issue of such writ of attachment file a complaint, and an affidavit duly sworn to setting forth the amount of rent due over and above all offsets and counterclaims and a brief description of the leased premises, and shall further state, under oath that such writ of attachment is not sued out for the purpose of vexing or harassing the lessee; and the person applying for such writ of attachment shall execute and file a bond as in other cases of attachment.
Utah Code § 38-13-101 — Utah Code / Title 38 / Chapter 38-13 / § 38-13-101
§ 38-13-101. Title.
Status: in_force

This chapter is known as the "Aircraft Lien Act."
Utah Code § 38-1a-204 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-204
§ 38-1a-204. Notification of filings with the registry.
Status: in_force

(1) The designated agent shall provide notification of the filing of a required notice relating to an anticipated improvement or construction project to: (a) the person filing the required notice, unless the person indicates to the division or designated agent that the person does not want to receive notification; and (b) each person that requests notification of the filing of a required notice for that anticipated improvement or construction project. (2) (a) A person may request the designated agent to provide the person notification of the filing of a required notice for any anticipated improvement or construction project. (b) A person requesting notification under Subsection (2)(a) is responsible: (i) to provide an email address, mailing address, or telefax number to which notification may be sent; and (ii) for the accuracy of the email address, mailing address, or telefax number. (c) A person is considered to have requested notification under Subsection (2)(a) if the person files, with respect to the same anticipated improvement or construction project that relates to the required notice that is the subject of the notification: (i) a notice of preconstruction service; (ii) a notice of commencement; (iii) a preliminary notice; (iv) a notice of construction loan; or (v) a notice of completion. (3) The designated agent fulfills the notification requirement under Subsection (1) by sending the notification to the email address, mailing address, or telefax number that the person provides to the designated agent, whether or not the person actually receives the notification.
Utah Code § 38-1a-203 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-203
§ 38-1a-203. Filings with the registry.
Status: in_force

(1) The division and the designated agent need not determine the timeliness of any notice before filing the notice in the registry. (2) A notice filed by a third party on behalf of another is considered to be filed by the person on whose behalf the notice is filed. (3) A person filing a notice of commencement, preliminary notice, or notice of completion is responsible for verifying the accuracy of information entered into the registry, whether the person files electronically, by alternate means, or through a third party. (4) Each notice or other document submitted for inclusion in the registry and for which this chapter does not specify information required to be included in the notice or other document shall contain: (a) the name of the county in which the project property to which the notice or other document applies is located; (b) for a private project: (i) the tax parcel identification number of each parcel included in the project property; or (ii) the number of the building permit for the construction project on the project property; and (c) for a government project, the government project-identifying information.
Utah Code § 38-9-202 — Utah Code / Title 38 / Chapter 38-9 / § 38-9-202
§ 38-9-202. County recorder may reject wrongful lien within scope of employment  --  Good faith requirement.
Status: in_force

(1) (a) A county recorder may refuse to record a lien if the county recorder determines that the lien is a wrongful lien. (b) If the county recorder refuses to record a lien in accordance with Subsection (1)(a), the county recorder shall immediately return the original document together with a notice that the document was rejected pursuant to this section to the person attempting to record the document or to the address provided on the document. (2) A county recorder who, within the scope of the county recorder's employment, rejects or accepts a document for recording in good faith under this section is not liable for damages. (3) If a document that a county recorder refuses to record under this section is later found not to be a wrongful lien pursuant to a court order, it shall have no retroactive recording priority. (4) Nothing in this chapter precludes a person from pursuing any remedy pursuant to Utah Rules of Civil Procedure, Rule 65A, Injunctions.
Utah Code § 38-1a-707 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-707
§ 38-1a-707. Attorney fees -- Offer of judgment.
Status: in_force

(1) Except as provided in Section 38-11-107 and in Subsection (2), in any action brought to enforce any lien under this chapter the successful party shall be entitled to recover reasonable attorney fees, to be fixed by the court, which shall be taxed as costs in the action. (2) A person who files a wrongful lien as provided in Section 38-1a-308 may not recover attorney fees under Subsection (1). (3) (a) A person against whom an action is brought to enforce a preconstruction or construction lien may make an offer of judgment pursuant to Rule 68 of the Utah Rules of Civil Procedure. (b) If the offer is not accepted and the judgment finally obtained by the offeree is not more favorable than the offer, the offeree shall pay the costs and attorney fees incurred by the offeror after the offer was made.
Utah Code § 38-11-110 — Utah Code / Title 38 / Chapter 38-11 / § 38-11-110
§ 38-11-110. Issuance of certificates of compliance.
Status: in_force

(1) (a) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act: (i) that the owner is in compliance with Subsections 38-11-204(4)(a) and (b); or (ii) subject to Subsection (2), that the owner is entitled to protection under Subsection 38-11-107(1)(b). (b) If the director determines through an informal proceeding under Subsection (1)(a) that an owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(i) is not in compliance as provided in Subsection (1)(a)(i), the director may not issue a certificate of compliance. (2) (a) An owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(ii) shall submit an affidavit, as defined by the division by rule, affirming that the owner is entitled to protection under Subsection 38-11-107(1)(b). (b) If an owner's affidavit under Subsection (2)(a) is disputed, the owner may file a complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to resolve the dispute. (c) The director may issue a certificate of compliance to an owner seeking issuance of a certificate under Subsection (1)(a)(ii) if: (i) the owner's affidavit under Subsection (2)(a) is undisputed; or (ii) a court resolves any dispute over the owner's affidavit in favor of the owner.
Utah Code § 38-10-110 — Utah Code / Title 38 / Chapter 38-10 / § 38-10-110
§ 38-10-110. Cancellation of lien.
Status: in_force

Cancellation of the liens provided for in this chapter shall be in accordance with the provisions of Section 38-1a-803.
Utah Code § 38-9-303 — Utah Code / Title 38 / Chapter 38-9 / § 38-9-303
§ 38-9-303. Enforcement proceeding required.
Status: in_force

(1) (a) 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.
Utah Code § 38-11-106 — Utah Code / Title 38 / Chapter 38-11 / § 38-11-106
§ 38-11-106. State not liable.
Status: in_force

The state and the state's agencies, instrumentalities, and political subdivisions are not liable for: (1) issuance or denial of any certificate of compliance; (2) any claims made against the fund; or (3) failure of the fund to pay any amounts ordered by the director to be paid from the fund, including failure of the fund to pay any amounts ordered by the director to be paid because there is insufficient money in the fund.
Utah Code § 38-2-2 — Utah Code / Title 38 / Chapter 38-2 / § 38-2-2
§ 38-2-2. Liens of hotels and boardinghouse keepers.
Status: in_force

Every innkeeper, hotel keeper, boardinghouse keeper, or lodginghouse keeper shall have a lien on the baggage and other property in and about such inn belonging to or under control of guests or boarders for the proper charges due for their accommodation, board and lodging, for money paid for or advanced to them, and for such other extras as are furnished at their request. The innkeeper, hotel keeper, boardinghouse keeper, or lodginghouse keeper may detain such baggage and other property until the amount of such charge is paid, and the baggage and other property shall not be exempt from attachment or execution until the hotel or boardinghouse keeper's lien and the costs of enforcing it are satisfied.
Utah Code § 38-3-1 — Utah Code / Title 38 / Chapter 38-3 / § 38-3-1
§ 38-3-1. Lien for rent due.
Status: in_force

Except as hereinafter provided, lessors shall have a lien for rent due upon all nonexempt property of the lessee brought or kept upon the leased premises so long as the lessee shall occupy said premises and for 30 days thereafter.
Utah Code § 38-1a-304 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-304
§ 38-1a-304. Liens on multiple properties in one claim.
Status: in_force

(1) A claimant may claim a preconstruction or construction lien against two or more improvements owned by the same person. (2) If a claimant claims a preconstruction or construction lien against two or more improvements owned by the same person, the claimant shall designate the amount claimed to be due on each of the improvements.
Utah Code § 38-13-102 — Utah Code / Title 38 / Chapter 38-13 / § 38-13-102
§ 38-13-102. Definitions.
Status: in_force

As used in this chapter: (1) "Aircraft" is as defined in Section 72-10-102. (2) "Repairman" means a person who makes, alters, repairs, or performs labor on an aircraft.
Utah Code § 38-1a-506 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-506
§ 38-1a-506. Notice of intent to obtain final completion.
Status: in_force

(1) An owner of a nonresidential construction project that is registered with the registry, or an original contractor of a commercial nonresidential construction project that is registered with the registry under Section 38-1a-501, shall file with the registry a notice of intent to obtain final completion as provided in this section if: (a) the completion of performance time under the original contract for construction work is greater than 120 days; (b) the total original construction contract price exceeds $500,000; and (c) the original contractor or owner has not obtained a payment bond in accordance with Section 14-2-1. (2) The notice of intent described in Subsection (1) shall be filed at least 45 days before the day on which the owner or original contractor of a commercial nonresidential construction project files or could have filed a notice of completion under Section 38-1a-507. (3) A person who provides construction work to an owner or original contractor who files a notice of intent in accordance with Subsection (1) shall file an amendment to the person's preliminary notice previously filed by the person as required in Section 38-1a-501: (a) that includes: (i) a good faith estimate of the total amount remaining due to complete the contract, purchase order, or agreement relating to the person's approved construction work; (ii) the identification of each original contractor or subcontractor with whom the person has a contract or contracts for providing construction work; and (iii) a separate statement of all known amounts or categories of work in dispute; and (b) no later than 20 days after the day on which the owner or original contractor files a notice of intent. (4) (a) A person described in Subsection (3) may demand a statement of adequate assurance from the owner, original contractor, or subcontractor with whom the person has privity of contract no later than 10 days after the day on which the person files a balance statement in accordance with Subsection (3) from an owner, original contractor, or subcontractor who is in privity of contract with the person. (b) A demand for adequate assurance as described in Subsection (4)(a) may include a request for a statement from the owner, original contractor, or subcontractor that the owner, original contractor, or subcontractor has sufficient funds dedicated and available to pay for all sums due to the person filing for the adequate assurances or that will become due in order to complete a construction project. (c) A person who demands adequate assurance under Subsection (4)(a) shall deliver copies of the demand to the owner and original contractor: (i) by hand delivery with a responsible party's acknowledgment of receipt; (ii) by certified mail with a return receipt; or (iii) as provided under Rule 4, Utah Rules of Civil Procedure. (5) (a) A person described in Subsection (3) may bring a legal action against a party with whom the person is in privity of contract, including a request for injunctive or declaratory relief, to determine the adequacy of the funds of the owner, original contractor, or subcontractor with whom the demanding person contracted if, after the person demands adequate assurance in accordance with the requirements of this section: (i) the owner, original contractor, or subcontractor fails to provide adequate assurance that the owner, original contractor, or subcontractor has sufficient available funds, or access to financing or other sufficient available funds, to pay for the completion of the demanding person's approved work on the construction project; or (ii) the parties disagree, in good faith, as to whether there are adequate funds, or access to financing or other sufficient available funds, to pay for the completion of the demanding person's approved work on the construction project. (b) If a court finds that an owner, original contractor, or subcontractor has failed to provide adequate assurance in accordance with Subsection (4)(a), the court may require the owner, original contractor, or subcontractor to post adequate security with the court sufficient to assure timely payment of the remaining contract balance for the approved work of the person seeking adequate assurance, including: (i) cash; (ii) a bond; (iii) an irrevocable letter of credit; (iv) property; (v) financing; or (vi) another form of security approved by the court. (6) (a) A person is subject to the civil penalty described in Subsection (6)(b), if the person files a balance statement described in Subsection (3) that misrepresents the amount due under the contract with the intent to: (i) charge an owner, original contractor, or subcontractor more than the actual amount due; or (ii) procure any other unfair advantage or benefit on the person's behalf. (b) The civil penalty described in Subsection (6)(a) is the greater of: (i) twice the amount by which the balance statement filed under Subsection (3) exceeds the amount actually remaining due under the contract for completion of construction; and (ii) the actual damages incurred by the owner, original contractor, or subcontractor. (7) A court shall award reasonable attorney fees to a prevailing party for an action brought under this section. (8) Failure to comply with the requirements established in this section does not affect any other requirement or right under this chapter. (9) A person who has not filed a preliminary notice as required under Section 38-1a-501 is not entitled to a right or a remedy provided in this section. (10) This section does not create a cause of action against a person with whom the demanding party is not in privity of contract.
Utah Code § 38-8-1 — Utah Code / Title 38 / Chapter 38-8 / § 38-8-1
§ 38-8-1. Definitions.
Status: in_force

As used in this chapter: (1) "Certified mail" means: (a) a method of mailing that is offered by the United States Postal Service and provides evidence of mailing; or (b) a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed. (2) "Default" means the failure to perform in a timely manner any obligation or duty described in this chapter or the rental agreement. (3) "Email" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals, including electronic messages that are transmitted within or between computer networks. (4) "Last known address" means the postal address provided by an occupant in a rental agreement or, if the occupant provides a subsequent written notice of a change of address, the postal address provided in the written notice of a change of address. (5) "Last known email address" means the email address provided by an occupant in a rental agreement or, if the occupant provides a subsequent written notice of a change of address, the email address provided in the written notice of a change of address. (6) "Occupant" means a person, or the person's sublessee, successor, or assignee, entitled to the use of a storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (7) "Owner" means: (a) the owner, operator, lessor, or sublessor of a self-service storage facility; (b) an agent of a person described in Subsection (7)(a); or (c) any other person authorized by a person described in Subsection (7)(a) to manage the facility or to receive rent from an occupant under a rental agreement. (8) "Personal property" means movable property not affixed to land and includes goods, merchandise, and household items. (9) "Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions relating to the use and occupancy of a unit or space at a self-service storage facility. (10) (a) "Self-service storage facility" means real property designed and used for the purpose of renting or leasing individual storage space to occupants who have access to the facility for the purpose of storing personal property. (b) "Self-service storage facility" does not include: (i) a warehouse described in Section 70A-7a-102; (ii) real property used for residential purposes; or (iii) a facility that issues a warehouse receipt, bill of lading, or other document of title for the personal property stored at the facility. (11) "Vehicle" means personal property required to be registered with the Motor Vehicle Division pursuant to Title 41, Chapter 1a, Part 2, Registration, Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating Act.
Utah Code § 38-11-109 — Utah Code / Title 38 / Chapter 38-11 / § 38-11-109
§ 38-11-109. Severability clause.
Status: in_force

If any provision of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid or unconstitutional provision.
Utah Code § 38-1a-705 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-705
§ 38-1a-705. Deficiency judgment.
Status: in_force

A claimant whose preconstruction or construction lien is not paid in full through an enforcement action as provided in this part may: (1) have judgment for the unpaid balance entered against the person liable; and (2) execute on the judgment in the same manner as execution on judgments generally.
Utah Code § 38-1a-803 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-803
§ 38-1a-803. Cancellation of preconstruction or construction lien -- Penalty for failure to cancel timely.
Status: in_force

(1) After the full amount owing under a preconstruction or construction lien, including costs and cancellation fees, has been paid, a person interested in the property that is the subject of the lien may request the claimant to submit for recording with the office of each applicable county recorder a cancellation of the lien. (2) Within 10 days after receiving a request under Subsection (1), the claimant shall submit to the office of each applicable county recorder a cancellation of the preconstruction or construction lien, as applicable. (3) A claimant who fails to submit a cancellation within the time prescribed in Subsection (2) is liable to the person who requested the cancellation for $100 for each day after the time prescribed in Subsection (2) that the cancellation is not submitted, or the person's actual damages, whichever is greater.
Utah Code § 38-7-4 — Utah Code / Title 38 / Chapter 38-7 / § 38-7-4
§ 38-7-4. Hospital lien docket provided by district court -- Contents.
Status: in_force

Every district court shall, at the expense of the county, provide and maintain a suitable bound book to be called the hospital lien docket, and in which shall be entered any hospital lien claim filed. The district court shall enter the name of the injured person, the name of the person, firm, or corporation alleged to be liable for the injuries and damages, the date and place of the accident, and the name of the hospital or other institution making the claim. The district court shall also maintain a proper index of the hospital lien docket under the name of the injured person.
Utah Code § 38-12-101 — Utah Code / Title 38 / Chapter 38-12 / § 38-12-101
§ 38-12-101. Definitions.
Status: in_force

For purposes of this chapter: (1) "Lien" means: (a) failure to pay money owed for property, services, or a notice of interest, a judgment, or any other encumbrance on the title, that becomes a charge against or interest in: (i) real property, a building, a structure, or an improvement including any franchise, privilege, appurtenance, machinery, or fixture pertaining to or used in connection with any real property, building, structure, or improvement; (ii) personal property; or (iii) a judgment, settlement, or compromise; or (b) a tax as provided in Section 59-1-1413, 59-5-108, 59-5-208, or 59-12-112. (2) "Lien" does not mean a charge against or interest in, for failure to pay money owed for property, services, or a judgment, any: (a) bank account; (b) pension; or (c) garnishment.
Utah Code § 38-10-103 — Utah Code / Title 38 / Chapter 38-10 / § 38-10-103
§ 38-10-103. Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.
Status: in_force

If a lien attaches to an interest in land: (1) which is less than the fee interest, including the interest of an optionee or farmoutee, termination of the interest in the land does not impair any lien which attaches prior to termination as to the owner's continuing interest, if any, in appurtenances and fixtures previously located on the land; or (2) which interest is contingent upon the happening of a condition subsequent, failure of the interest to ripen into legal title, or failure of the occurrence of the condition subsequent does not impair any lien as to the owner's continuing interest, if any, in appurtenances and fixtures located on the land to which the lien attached prior to the failure.
Utah Code § 38-11-101 — Utah Code / Title 38 / Chapter 38-11 / § 38-11-101
§ 38-11-101. Title.
Status: in_force

This chapter is known as the "Residence Lien Restriction and Lien Recovery Fund Act."
Utah Code § 38-1b-102 — Utah Code / Title 38 / Chapter 38-1b / § 38-1b-102
§ 38-1b-102. Definitions.
Status: in_force

As used in this chapter: (1) "Alternate means" means the same as that term is defined in Section 38-1a-102. (2) "Construction project" means the same as that term is defined in Section 38-1a-102. (3) "Construction work" means the same as that term is defined in Section 38-1a-102. (4) "Designated agent" means the same as that term is defined in Section 38-1a-102. (5) "Division" means the Division of Professional Licensing created in Section 58-1-103. (6) "Government project" means a construction project undertaken by or for: (a) the state, including a department, division, or other agency of the state; or (b) a county, city, town, school district, special district, special service district, community reinvestment agency, or other political subdivision of the state. (7) "Government project-identifying information" means: (a) the lot or parcel number of each lot included in the project property that has a lot or parcel number; or (b) the unique project number assigned by the designated agent. (8) "Original contractor" means the same as that term is defined in Section 38-1a-102. (9) "Owner" means the same as that term is defined in Section 38-1a-102. (10) "Owner-builder" means the same as that term is defined in Section 38-1a-102. (11) "Private project" means a construction project that is not a government project. (12) "Project property" means the same as that term is defined in Section 38-1a-102. (13) "Registry" means the same as that term is defined in Section 38-1a-102.
Utah Code § 38-13-204 — Utah Code / Title 38 / Chapter 38-13 / § 38-13-204
§ 38-13-204. Selling the aircraft.
Status: in_force

(1) A repairman may sell an aircraft subject to a lien under this chapter if: (a) the repairman receives a judgment in the foreclosure action filed under Section 38-13-202; (b) the repairman gives notice to: (i) the owner of the aircraft; (ii) the customer as indicated on the work order for the making, altering, repairing, or performing of labor; and (iii) all other persons claiming an interest in or lien on the aircraft: (A) as disclosed by the records of the Federal Aviation Administration or of corresponding agencies of any state in which the aircraft appears registered; and (B) that is known by the repairman; (c) the notice required by Subsection (1)(b) is sent by certified mail at least 30 days before the proposed or scheduled date of any sale; and (d) the notice required by Subsection (1)(b) contains: (i) a description of the aircraft and its location; (ii) the name and address of each person described in Subsection (1)(b); (iii) the name, address, and telephone number of the repairman; (iv) notice: (A) that the repairman has a foreclosure judgment against the aircraft for the amount stated in the judgment; (B) of the cash sum which, if paid to the repairman would be sufficient to redeem the aircraft from the lien claimed by the repairman; (C) that the lien claimed by the repairman is subject to enforcement under this chapter; and (D) that the aircraft may be sold to satisfy the lien; (v) the date, time, and location of any proposed or scheduled sale of the aircraft; (vi) notice as to whether the sale is private or public; and (vii) notice that the owner of the aircraft or other person entitled to possession of the aircraft has a right to recover possession of the aircraft without instituting judicial proceedings by posting a bond in accordance with Section 38-13-206. (2) (a) The repairman shall at least 20 days before the proposed or scheduled date of sale of the aircraft publish the notice required by this section if: (i) the owner of the aircraft is unknown; (ii) the whereabouts of the owner of the aircraft cannot be determined; or (iii) the owner of the aircraft or any person notified under Subsection (1)(b) fails to acknowledge receipt of the notice. (b) The notice described in Subsection (2)(a) shall be: (i) published once at least 20 days before the proposed or scheduled date of sale of the aircraft in a newspaper circulated in the county where the aircraft is held; and (ii) published, in accordance with Section 45-1-101, at least 20 days before the proposed or scheduled date of sale of the aircraft. (3) (a) An aircraft subject to lien enforcement under this chapter may be sold by the repairman at public or private sale. (b) Notwithstanding Subsection (3)(a), in the case of a private sale, every aspect of the sale, including the method, manner, time, place, and terms shall be commercially reasonable. (4) This section may not be construed to affect an owner's right to redeem the owner's aircraft from the lien at any time prior to sale by paying the amount claimed by the repairman for: (a) work performed; (b) materials; (c) interest; (d) storage fees charged; and (e) any costs incurred by the repairman for using enforcement procedures under this chapter, including attorney fees. (5) The proceeds of a sale under this section shall be distributed as follows: (a) amounts owed persons having a security interest or lien on the aircraft shall be paid in the order that they have priority in accordance with Section 38-13-205; and (b) the amount remaining after the amount described in Subsection (5)(a) is paid shall be paid to the owner of the aircraft before the sale of the aircraft under this section. (6) An aircraft against which a lien is filed may not be sold earlier than the later of: (a) 45 days after the last day on which the repairman makes, alters, repairs, or performs labor on the aircraft; or (b) 30 days from the date on which the repairman sends notice of the lien in accordance with Section 38-12-102.
Utah Code § 38-1a-602 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-602
§ 38-1a-602. Notice concerning construction loan default.
Status: in_force

(1) Within five business days after a notice of default is filed for recording under Section 57-1-24 with respect to a trust deed on the project property securing a construction loan, the construction lender under the loan shall file a notice with the registry. (2) A notice under Subsection (1) shall: (a) include: (i) the information required to be included in a notice of construction loan under Subsection 38-1a-601(2); and (ii) the entry number of the notice of construction loan; (b) state that a notice of default with respect to the construction loan has been recorded; and (c) state the date that the notice of default was recorded.
Utah Code § 38-10-109 — Utah Code / Title 38 / Chapter 38-10 / § 38-10-109
§ 38-10-109. Limitation on liability for other owners in production unit if notice provided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does not affect other defenses.
Status: in_force

(1) Where work is performed or materials or equipment are furnished for any production unit under a contract with an owner of an interest in the production unit, any interest of any other owner in the production unit shall not be subject to a lien under this chapter, if such other owner gives written notice that the other owner will not be responsible for work performed or materials or equipment provided. (2) Written notice shall be: (a) in recordable form; (b) filed with the county recorder of the county where the production unit is located; and (c) filed within 10 working days after the latter of: (i) the owner obtaining knowledge of the performance of such work or the providing of such materials or equipment; or (ii) the execution by the last party of: (A) a farmout agreement; (B) a lease or sublease; (C) an operating agreement; (D) an assignment of less than 100% of the lessee's interest or operating rights under a lease; (E) a sales contract; or (F) an option agreement. (3) Failure to file under this section shall not impair any other defense available to such owner.
Utah Code § 38-3-6 — Utah Code / Title 38 / Chapter 38-3 / § 38-3-6
§ 38-3-6. Execution of writ of attachment.
Status: in_force

It shall be the duty of the officer to whom the writ of attachment is directed to seize the property of such lessee subject to such lien, or as much thereof as shall be necessary to satisfy such debt and costs, and to keep the same until the determination of the action, unless the property is sooner released by bond or the attachment is discharged.
Utah Code § 38-7-5 — Utah Code / Title 38 / Chapter 38-7 / § 38-7-5
§ 38-7-5. Release of lien by hospital -- Execution and filing -- Notification to injured patient.
Status: in_force

The hospital shall, upon receipt of payment of the lien or the portion recoverable under the lien: (1) execute and file, at the expense of the hospital, a release of lien; and (2) mail, at the expense of the hospital, notice of the release of lien described in Subsection (1) to the injured patient, the patient's heirs, or the patient's personal representative.
Utah Code § 38-7-1 — Utah Code / Title 38 / Chapter 38-7 / § 38-7-1
§ 38-7-1. Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.
Status: in_force

(1) (a) Except as provided in Subsection (3), a hospital located within the state that furnishes emergency, medical, or other service to a patient injured by reason of an accident is entitled to assert a lien upon that portion of the judgment, settlement, or compromise going or belonging to the patient, or, in the case of death, to the patient's heirs or personal representatives, less the amount paid by the patient, or on behalf of the patient by heirs or personal representatives, for attorney fees, court costs, and other necessary expenses incidental to obtaining the judgment, settlement, or compromise. (b) No reduction of the asserted lien amount is allowed other than the amount paid by the patient, or the patient's heirs, or personal representatives for attorney fees, court costs, and other necessary expenses incidental to litigation, unless otherwise agreed to in writing by the lien claimant. (c) The hospital lien does not apply to a judgment, settlement, or compromise where the amount is $100 or less. (2) A hospital may file a lien described in Subsection (1) for the amount of the reasonable, usual, and necessary hospital charges for treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages. (3) (a) Except as provided in Subsection (3)(b), a hospital may not assert a lien under Subsection (1) if the services provided by the hospital are covered by workers' compensation or private health insurance. (b) (i) A hospital that provides a service described in Subsection (3)(a) may assert a lien under Subsection (1) if: (A) the private health insurer denies coverage; or (B) the private health insurer does not pay the hospital within 180 days after the day on which the hospital bills the private health insurer. (ii) A lien asserted under Subsection (3)(b)(i)(B) shall be withdrawn when the private health insurer pays the contracted amount, or, in the event there is no contract, the amount agreed to by the private health insurer and the hospital for the service rendered. (iii) A hospital that provides a service described in Subsection (3)(a) may assert a lien under Subsection (1) for a copayment or deductible owed by the patient if the amount of the copayment or deductible conforms with any contractual discount provided by the hospital to the insurer.
Utah Code § 38-8-4 — Utah Code / Title 38 / Chapter 38-8 / § 38-8-4
§ 38-8-4. Posting of notice.
Status: in_force

Each owner acting under this chapter shall keep posted in a prominent place in the owner's office at all times a notice that reads as follows:"All articles stored under a rental agreement, for which charges have not been paid for 30 days, will be sold to pay charges. If this business does not sell a vehicle stored under a rental agreement, it will be towed from the self-storage facility after 60 days of nonpayment."
Utah Code § 38-2-4 — Utah Code / Title 38 / Chapter 38-2 / § 38-2-4
§ 38-2-4. Disposal of property by lienholder -- Procedure.
Status: in_force

(1) Any party holding a lien upon personal property as provided in this chapter may dispose of the property in the manner provided in Subsection (2). (2) (a) The lienor shall give notice to the owner of the property, to the customer as indicated on the work order, and to all other persons claiming an interest in or lien on it, as disclosed by the records of the Motor Vehicle Division, lieutenant governor's office, or of corresponding agencies of any other state in which the property appears registered or an interest in or lien on it is evidenced if known by the lienor. (b) The notice shall be sent by certified mail at least 30 days before the proposed or scheduled date of any sale and shall contain: (i) a description of the property and its location; (ii) the name and address of the owner of the property, the customer as indicated on the work order, and any person claiming an interest in or lien on the property; (iii) the name, address, and telephone number of the lienor; (iv) notice that the lienor claims a lien on the property for labor and services performed and interest and storage fees charged, if any, and the cash sum which, if paid to the lienor, would be sufficient to redeem the property from the lien claimed by the lienor; (v) notice that the lien claimed by the lienor is subject to enforcement under this section and that the property may be sold to satisfy the lien; (vi) the date, time, and location of any proposed or scheduled sale of the property and whether the sale is private or public, except that no property may be sold earlier than 45 days after completion of the repair work; and (vii) notice that the owner of the property has a right to recover possession of the property without instituting judicial proceedings by posting bond. (3) If the owner of the property is unknown or the property owner's whereabouts cannot be determined, or if the owner or any person notified under Subsection (2) fails to acknowledge receipt of the notice, the lienor, at least 20 days before the proposed or scheduled date of sale of the property, shall publish the notice required by this section once in a newspaper circulated in the county where the vehicle is held. (4) A lienee may have the lienee's property released from any lien claimed on it under this chapter by filing with the clerk of a court a cash or surety bond, payable to the person claiming the lien, and conditioned for the payment of any judgment that may be recovered on the lien, with costs, interest, and storage fees. (5) (a) The lienor has 60 days after receiving notice that the lienee has filed the bond provided in Subsection (4) to file suit to foreclose the lien. (b) If the lienor fails to timely file an action, the clerk of the court shall release the bond. (6) Property subject to lien enforcement under this section may be sold by the lienor at public or private sale; however, in the case of a private sale, every aspect of the sale, including the method, manner, time, place, and terms shall be commercially reasonable. (7) This section may not be construed to affect an owner's right to redeem the owner's property from the lien at any time prior to sale by paying the amount claimed by the lienor for work done, interest, and storage fees charged and any costs incurred by the repair shop for using enforcement procedures under this section.
Utah Code § 38-9a-205 — Utah Code / Title 38 / Chapter 38-9a / § 38-9a-205
§ 38-9a-205. Remedies -- Actions arising from injunctions -- Attorney fees.
Status: in_force

(1) The remedies provided in this chapter for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. (2) After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney's fees.
Utah Code § 38-7-7 — Utah Code / Title 38 / Chapter 38-7 / § 38-7-7
§ 38-7-7. Interest of hospital in claim settlement limited.
Status: in_force

Nothing in this act shall be construed to permit any hospital to be a party to or to have any interest in the amount or manner of any settlement of any claim on which a lien has been filed other than the lien rights as provided in this act.
Utah Code § 38-2-7 — Utah Code / Title 38 / Chapter 38-2 / § 38-2-7
§ 38-2-7. Compensation -- Attorney's lien.
Status: in_force

(1) The compensation of an attorney is governed by agreement between the attorney and a client, express or implied, which is not restrained by law. (2) An attorney shall have a lien for the balance of compensation due from a client on any money or property owned by the client that is the subject of or connected with work performed for the client, including: (a) any real, personal, or intangible property that is the subject of or connected with the work performed for the client; (b) any funds held by the attorney for the client, including any amounts paid as a retainer to the attorney by the client; and (c) any settlement, verdict, report, decision, or judgment in the client's favor in any matter or action in which the attorney assisted, including any proceeds derived from the matter or action, whether or not the attorney is employed by the client at the time the settlement, verdict, report, decision, or judgment is obtained. (3) An attorney's lien commences at the time of employment of the attorney by the client. (4) (a) An attorney may enforce a lien under this section by: (i) moving to intervene in a pending legal action: (A) in which the attorney has assisted or performed work; or (B) in which the property subject to the attorney's lien may be disposed of or otherwise encumbered; or (ii) by filing a separate legal action. (b) An attorney may not move to intervene in an action or file a separate legal action to enforce a lien before 30 days has expired after a demand for payment has been made and not been complied with. (5) An attorney may file a notice of lien: (a) in a pending legal action in which the attorney has assisted or performed work for which the attorney has a lien under this section; (b) with the county recorder of the county in which real property that is subject to a lien under this section is located; or (c) with the state or federal government office that receives filings that relate to the ownership of the property. (6) A notice of lien described in Subsection (5) shall include the following: (a) the name, address, and telephone number of the attorney claiming the lien; (b) the name of the client who is the owner of the property subject to the lien; (c) a verification that: (i) the property is the subject of or connected with work performed by the attorney for the client; and (ii) (A) the attorney made a demand for payment of the amounts owed to the attorney for the work and the client did not pay the amounts owed within 30 days after the day on which the attorney made the demand; or (B) the attorney is filing the notice of lien in accordance with a written agreement between the attorney and the client; (d) the date on which the attorney first provided services to the client; (e) a description of the property, sufficient for identification; (f) the signature of the attorney claiming the lien; and (g) an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents. (7) Within 30 days after the day on which the notice of lien is filed, the attorney shall deliver or mail by certified mail to the client a copy of the notice of lien. (8) Any person who takes an interest in any property, other than real property, that is subject to an attorney's lien with actual or constructive knowledge of the attorney's lien, takes the interest subject to the attorney's lien. (9) An attorney's lien on real property has as its priority the date and time when a notice of lien is filed with the county recorder of the county in which real property that is subject to a lien under this section is located. (10) This section does not alter or diminish in any way an attorney's common law retaining lien rights. (11) This section does not authorize an attorney to have a lien in the representation of a client in a criminal matter or domestic relations matter where a final order of divorce has not been secured unless: (a) (i) the criminal matter has been concluded or the domestic relations matter has been concluded by the securing of a final order of divorce; or (ii) the attorney/client relationship has terminated; and (b) the client has failed to fulfill the client's financial obligation to the attorney.
Utah Code § 38-6-2 — Utah Code / Title 38 / Chapter 38-6 / § 38-6-2
§ 38-6-2. Recorder's duties.
Status: in_force

When a notice of the lien is recorded, the county recorder shall forthwith enter the notice of lien in an alphabetical federal lien index, or by grantor and grantee index, showing the name and residence of the taxpayer named in the notice, the collector's serial number of the notice, the date and hour of recording, and the amount of the lien with interest, penalties, and costs. The county recorder shall record the "Federal Lien Notices," mail the original document to the person recording the notice, and, if any notice so filed contains a legal description, index the lien against the real property described in the file.
Utah Code § 38-11-108 — Utah Code / Title 38 / Chapter 38-11 / § 38-11-108
§ 38-11-108. Notification of rights under chapter.
Status: in_force

(1) Beginning July 1, 1995, the original contractor or real estate developer shall state in the written contract with the owner what actions are necessary for the owner to be protected under Section 38-11-107 from the maintaining of a mechanic's lien or other civil action against the owner or the owner-occupied residence to recover money owed for qualified services. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may issue rules providing for the form and content of the information required by Subsection (1).
Utah Code § 38-1a-507 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-507
§ 38-1a-507. Notice of completion.
Status: in_force

(1) (a) Upon final completion of a construction project, a notice of completion may be filed with the registry by: (i) an owner; (ii) an original contractor for construction work; (iii) a lender that has provided financing for the construction project; (iv) a surety that has provided bonding for the construction project; or (v) a title company issuing a title insurance policy on the construction project. (b) A notice of completion shall include: (i) the name, address, telephone number, and email address of the person filing the notice of completion; (ii) the name of the county in which the project property is located; (iii) for a private project: (A) the tax parcel identification number of each parcel included in the project property; (B) the entry number of a preliminary notice on the same project that includes the tax parcel identification number of each parcel included in the project property; or (C) the entry number of the building permit issued for the project; (iv) for a government project, the government project-identifying information; (v) the date on which final completion is alleged to have occurred; and (vi) the method used to determine final completion. (2) A person filing a notice of completion by alternate means is responsible for verifying and changing any incorrect information in the notice of completion before the expiration of the time period during which the notice is required to be filed.
Utah Code § 38-2-3 — Utah Code / Title 38 / Chapter 38-2 / § 38-2-3
§ 38-2-3. Repairman's lien on personal property -- Lien subject to rights of secured parties.
Status: in_force

Every person who shall make, alter or repair, or bestow labor upon, any article of personal property at the request of the owner or other person entitled to possession thereof shall have a lien upon such article for the reasonable value of the labor performed and materials furnished and used in making such article or in altering or repairing the same, and may retain possession thereof until the amount so due is paid; provided such lien and right to possession shall be subject and subordinate to the rights and interests of any secured parties in such personal property unless such secured party has requested such person to make, alter or repair or bestow labor upon such property.
Utah Code § 38-1a-403 — Utah Code / Title 38 / Chapter 38-1a / § 38-1a-403
§ 38-1a-403. Effective time and priority of preconstruction lien -- Subordination to bona fide loan.
Status: in_force

(1) Except as otherwise provided in this chapter, a preconstruction lien: (a) relates back to and takes effect as of the time of filing of the earliest timely filed notice of preconstruction service under Section 38-1a-401 for the anticipated improvement for which the preconstruction lien is claimed; and (b) has priority over: (i) any lien, mortgage, or other encumbrance that attaches after the earliest timely filed notice of preconstruction service is filed; and (ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and that was unrecorded at the time the earliest timely filed notice of preconstruction service is filed. (2) A preconstruction lien is subordinate to an interest securing a bona fide loan if and to the extent that the lien covers preconstruction service provided after the interest securing a bona fide loan is recorded.