Utah Code » Title 78B, Chapter 6 — Particular Proceedings; part 78B-6-13 — Quiet Title
Utah Code

Utah Code § 78B-6-1304.5 (2026)

Civil liability for recording wrongful notice of pendency -- Damages

✓ current as of May 2026
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A person is liable to the record owner of real property, or to a person with a leasehold interest in the real property that is damaged by the maintenance of a notice of pendency, for $10,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs, if the person records or causes to be recorded a notice of pendency against the real property, knowing or having reason to know that:

legal action against the property has not been filed as required by Section 78B-6-1303;
the notice is groundless;
the notice fails to comply with the notice requirements of Subsection 78B-6-1303(2); or
the notice contains an intentional material misstatement or false claim.
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2018–2021 · leading case: Chard v. Chard, 2019 UT App 209 (Utah Ct. App. 2019).
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Chard v. Chard, 2019 UT App 209 (Utah Ct. App. 2019). · cites it 2× “See Utah Code Ann. § 78B-6-1304.5 (LexisNexis 2018) (“A person is liable to the record owner of real property .”
Bank of the W. v. Whitney, 301 F. Supp. 3d 1077 (D. Utah 2018). · cites it 4× “Thus, the court concludes that alter ego or resulting trust claims in an action seeking to collect on a money judgment do not "affect[ ] the title to, or the right of possession of, real property" such that recording a notice of lis pendens is valid pursuant to Utah Code Ann. §…”
Wardley v. McLachlan (D. Utah 2021). · cites it 4× “On December 4, 2019, McLachlan filed a Motion for Attorney Fees Related to Lis Pendens – arguing that, pursuant to Utah Code Ann. § 78B-6-1304.5, McLachlan was entitled to an award of attorney fees and costs he incurred to get the Lis Pendens removed because the Lis Pendens was…”
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2021). · cites it 3× “On these bases, the court denies Movants’ request for an award of damages.”
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2021). · cites it 2× “The Rasbands also argue that damages, costs, and attorney fees must be awarded under Utah Code Ann. § 78B-6-1304.5. See ECF No.”
Utah Code § 78B-6-1304.5(2): 1 case
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2021). “On these bases, the court denies Movants’ request for an award of damages.”
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