UTAH CODE (Last Updated: January 16, 2015) |
Title 38. Liens |
Chapter 11. Residence Lien Restriction and Lien Recovery Fund Act |
Part 2. Residence Lien Recovery Fund |
§ 38-11-205. Subrogation.
Latest version.
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(1) (b) The state's right of subrogation under Subsection (1)(a) has priority over any rights of the qualified beneficiary under the judgment or any civil penalties imposed. (c) The state shall be awarded attorney's fees and court costs incurred in recovering claims paid from the fund. (2) (a) The attorney general shall enforce all subrogation claims and may contract with private attorneys as necessary to adequately enforce subrogation claims. (b) (i) In addition to the subrogation claims the attorney general may seek a civil fine of $5,000 per residence for failure to reimburse the Residence Lien Recovery Fund within 90 days after any disbursement from the fund resulting from the registrant's failure to pay qualified beneficiaries under this chapter. (ii) All claims under the judgment have priority over the civil penalty. (3) The attorney general may charge the fund for costs incurred by the attorney general under this chapter.
Amended by Chapter 193, 1999 General Session