57-1-10. After-acquired title passes. (1) If any person conveys any real estate by conveyance purporting to convey the real estate in fee simple absolute, and at the time of the conveyance the person does not have the legal estate in the real estate, but afterwards acquires the legal estate: (a) the legal estate subsequently acquired […]
57-1-11. Claimant out of possession may convey. Any person claiming title to any real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his interest therein in the same manner and with the same effect as if he were in the actual possession thereof. No Change Since 1953
57-1-12. Form of warranty deed — Effect. (1) Conveyances of land may be substantially in the following form: WARRANTY DEED ____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described […]
57-1-12.5. Form of special warranty deed — Effect. (1) Conveyances of land may be substantially in the following form: SPECIAL WARRANTY DEED ____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants against all who claim by, through, or under the grantor to ____ (insert name), grantee, of ____ (insert […]
Effective 5/5/2021 57-1-13. Form of quitclaim deed — Effect. (1) A conveyance of land may also be substantially in the following form: “QUITCLAIM DEED ____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____ dollars, […]
57-1-14. Form of mortgage — Effect. A mortgage of land may be substantially in the following form: MORTGAGE ____ (here insert name), mortgagor, of ____ (insert place of residence), hereby mortgages to ____ (insert name), mortgagee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land […]
57-1-15. Effect of recording assignment of mortgage. The recording of an assignment of a mortgage is not in itself considered notice of the assignment to the mortgagor, his heirs, or personal representatives so as to invalidate any payment made by them or either of them to the mortgagee. Repealed and Re-enacted by Chapter 155, 1988 […]
57-1-19. Trust deeds — Definitions of terms. As used in Sections 57-1-20 through 57-1-36: (1) “Beneficiary” means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or his successor in interest. (2) “Trustor” means the person conveying real property by a trust deed […]
57-1-2. Words of inheritance not required to pass fee. The term “heirs,” or other technical words of inheritance or succession, are not requisite to transfer a fee in real estate. No Change Since 1953
57-1-20. Transfers in trust of real property — Purposes — Effect. Transfers in trust of real property may be made to secure the performance of an obligation of the trustor or any other person named in the trust deed to a beneficiary. All right, title, interest and claim in and to the trust property acquired […]
Effective 5/9/2017 57-1-21. Trustees of trust deeds — Qualifications. (1) (a) The trustee of a trust deed shall be: (i) any individual who is an active member of the Utah State Bar, or any entity in good standing that is organized to provide licensed professional legal services and employs an active member of the Utah […]
57-1-21.5. Trustees of trust deeds — Duties — Prohibited conduct — Penalties. (1) Until a beneficiary under a trust deed or the beneficiary’s agent provides a trustee of the trust deed written instructions directing the trustee to exercise powers under this chapter, the trustee has no duty or obligation to the beneficiary or to the […]
Effective 5/10/2016 57-1-22. Successor trustees — Appointment by beneficiary — Effect — Substitution of trustee — Recording — Form. (1) (a) The beneficiary may appoint a successor trustee at any time by filing an appointment of trustee or a substitution of trustee for record in the office of the county recorder of each county in […]
Effective 5/10/2016 57-1-22.1. Effect on trustee of a legal action involving a trust. (1) A party in a legal action that involves a trust deed is not required to join the trustee as a party in the action unless the legal action pertains to a breach of the trustee’s obligations under this chapter or under […]
57-1-22.5. Notice of assignment of beneficial interest. (1) A recorded notice of assignment of a beneficial interest, executed by the assigning beneficiary, is prima facie evidence of an assignment of the trust deed as described in the notice. (2) The notice of assignment of a beneficial interest shall: (a) state: (i) the names of the […]
57-1-23. Sale of trust property — Power of trustee — Foreclosure of trust deed. The trustee who is qualified under Subsection 57-1-21(1)(a)(i) or (iv) is given the power of sale by which the trustee may exercise and cause the trust property to be sold in the manner provided in Sections 57-1-24 and 57-1-27, after a […]
57-1-23.5. Civil liability for unauthorized person who exercises power of sale. (1) As used in this section: (a) “Unauthorized person” means a person who does not qualify as a trustee under Subsection 57-1-21(1)(a)(i) or (iv). (b) “Unauthorized sale” means the exercise of a power of sale by an unauthorized person. (2) (a) An unauthorized person […]
57-1-24. Sale of trust property by trustee — Notice of default. The power of sale conferred upon the trustee who is qualified under Subsection 57-1-21(1)(a)(i) or (iv) may not be exercised until: (1) the trustee first files for record, in the office of the recorder of each county where the trust property or some part […]
Effective 5/13/2014 57-1-24.3. Notices to default trustor — Opportunity to negotiate foreclosure relief. (1) As used in this section: (a) “Beneficiary” means a financial institution that is the record owner of the beneficial interest under a trust deed, including a successor in interest. (b) “Current address” means the address at which a person has agreed […]
Effective 5/12/2020 57-1-25. Notice of trustee’s sale — Description of property — Time and place of sale. (1) The trustee shall give written notice of the time and place of sale particularly describing the property to be sold: (a) by publication of the notice: (i) (A) at least three times; (B) at least once a […]
