(1) 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 file a complaint in district court in the county of the county recorder where the nonconsensual common law document was recorded for a proceeding to obtain an order that the nonconsensual common law document is valid and enforceable.
(2) A complaint to initiate a judicial proceeding 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.
(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 filed under Subsection (1) does not meet the requirements described in Subsection (2), the court may dismiss the complaint without a hearing.
(4) If a complaint filed under Subsection (1) 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.
(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
(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 a proceeding under this section does not restrict any other legal remedies available to any party, including any right to injunctive relief under Rules of Civil Procedure, Rule 65A, Injunctions.