38-9-1 - Definitions.
38-9-1. Definitions.
As used in this chapter:
(1) "Interest holder" means a person who holds or possesses a present, lawful propertyinterest in certain real property, including an owner, title holder, mortgagee, trustee, or beneficialowner.
(2) "Lien claimant" means a person claiming an interest in real property who offers adocument for recording or filing with any county recorder in the state asserting a lien, or notice ofinterest, or other claim of interest in certain real property.
(3) "Owner" means a person who has a vested ownership interest in certain real property.
(4) (a) "Record interest holder" means a person who holds or possesses a present, lawfulproperty interest in certain real property, including an owner, titleholder, mortgagee, trustee, orbeneficial owner, and whose name and interest in that real property appears in the countyrecorder's records for the county in which the property is located.
(b) "Record interest holder" includes any grantor in the chain of the title in certain realproperty.
(5) "Record owner" means an owner whose name and ownership interest in certain realproperty is recorded or filed in the county recorder's records for the county in which the propertyis located.
(6) "Wrongful lien" means any document that purports to create a lien, notice of interest,or encumbrance on an owner's interest in certain real property and at the time it is recorded is not:
(a) expressly authorized by this chapter or another state or federal statute;
(b) authorized by or contained in an order or judgment of a court of competentjurisdiction in the state; or
(c) signed by or authorized pursuant to a document signed by the owner of the realproperty.
Amended by Chapter 381, 2010 General Session