Section 48-10-11 – Notice of trustee’s sale.
A. The trustee shall give written notice of the time and place of sale, legally describing the trust real estate to be sold, by each of the following methods: (1) publication of the notice as provided by law for foreclosure of mortgages on real estate; (2) recording of the notice in the office of the […]
Section 48-10-12 – Request for copies of notice of sale; mailing by trustee or beneficiary.
A. A person desiring a copy of a notice of sale as provided in a deed of trust shall, at any time after the recording of the deed of trust and before the recording of a notice of sale as provided in a deed of trust, record in the office of the county clerk in […]
Section 48-10-13 – Sale by public auction; postponement of sale.
A. On the date and at the time and place designated in the notice of sale, the trustee shall sell the trust real estate at public auction for cash to the highest bidder. To determine the highest bidder, the trustor or beneficiary present at the sale may suggest the then existing and legally described and […]
Section 48-10-14 – Payment of bid; trustee’s deed.
A. The purchaser at the sale, other than the beneficiary or the beneficiary’s personal representatives, successors or assigns, to the extent of the credit bid of the purchaser, shall immediately pay the price bid. Upon receipt of payment of the price bid by the trustee in collected federal funds, the trustee shall execute and deliver […]
Section 48-10-15 – Disposition of proceeds of sale.
A. The trustee shall apply the proceeds of the sale of the trust real estate by the trustee as follows: (1) to the costs of exercising the power of sale and of sale, including the payment of the fees of the trustee and reasonable attorneys’ fees actually incurred by the trustee and the beneficiary; (2) […]
Section 48-10-16 – Redemption.
A. Except as otherwise provided in Subsection E of this section, the redemption period after a trustee’s sale shall be nine months, or the period provided in the deed of trust, whichever is the lesser period, and shall begin to run from the date of the trustee’s sale. In the deed of trust, the parties […]
Section 48-10-17 – Action to recover balance after sale or foreclosure on trust real estate as provided in deed of trust; action to recover balance prohibited on loans secured by low-income households.
A. Except as provided in Subsections D and E of this section, within six years after the date of a trustee’s sale of trust real estate under a deed of trust as provided in the Deed of Trust Act, a separate civil action may be commenced to recover a deficiency judgment for the balance due […]
Section 48-10-18 – Method of indexing.
Every deed of trust, substitution of trustee, notice of resignation of trustee, request for notice, assignment of beneficial interest in a deed of trust, notice of sale, cancellation of notice of sale or release of deed of trust which is entitled to recordation as provided in the Deed of Trust Act shall be indexed in […]
Section 48-10-19 – Limitation on action or sale of trust real estate.
The sale of trust real estate by the trustee under a deed of trust shall be made or any action to foreclose a deed of trust as provided by law for the foreclosure of mortgages on real estate shall be commenced within the period prescribed by law for the commencement of an action on the […]
Section 48-10-20 – Notice from instruments recorded; assignment of a beneficial interest.
Except as otherwise provided in this section, a deed of trust, notice of resignation of trustee, assignment of a beneficial interest in a deed of trust, notice of sale, cancellation of notice of sale, trustee’s deed, release of deed of trust and any instrument by which a deed of trust is subordinated or waived as […]