Section 44 – Other sections not affected.
57-1-44. Other sections not affected. Sections 57-1-39 through 57-1-43 do not excuse a beneficiary, mortgagee, trustee, secured lender, or servicer from complying with the provisions of Section 57-1-38. Enacted by Chapter 185, 1995 General Session
Section 45 – Boundary line agreements.
Effective 5/4/2022 57-1-45. Boundary line agreements. (1) An agreement to adjust a known boundary between adjoining properties shall comply with Section 10-9a-524 or 17-27a-523, as applicable. (2) A recorded boundary line agreement to establish the location of a boundary between adjoining properties where the location of the boundary is ambiguous, uncertain, or disputed shall comply […]
Section 46 – Transfer fee and reinvestment fee covenants.
57-1-46. Transfer fee and reinvestment fee covenants. (1) As used in this section: (a) “Association expenses” means expenses incurred by a common interest association for: (i) the administration of the common interest association; (ii) the purchase, ownership, leasing, construction, operation, use, administration, maintenance, improvement, repair, or replacement of association facilities, including expenses for taxes, insurance, […]
Section 40.5 – Partial reconveyance of trust deed or release of mortgage — Procedures — Forms.
57-1-40.5. Partial reconveyance of trust deed or release of mortgage — Procedures — Forms. (1) (a) If a trustor or mortgagor pledges more than one parcel of real property as collateral under a trust deed or mortgage, the beneficiary, mortgagee, or servicer may agree for a sum certain to release a portion of the real […]
Section 41 – Objections to reconveyance or release.
57-1-41. Objections to reconveyance or release. A title insurer or title agent may not record a reconveyance of trust deed or release of mortgage if, within 60 days from the day on which the title insurer or title agent delivered or mailed the notice of intent to release or reconvey in accordance with Subsections 57-1-40(3) […]
Section 42 – Liability of title insurer or title agent.
57-1-42. Liability of title insurer or title agent. A title insurer or title agent purporting to act under the provisions of Section 57-1-40 who reconveys a trust deed or releases a mortgage is liable to the beneficiary or mortgagee for the damages suffered as a result of the reconveyance if: (1) the obligation secured by […]
Section 43 – Application of provisions.
57-1-43. Application of provisions. The provisions of Sections 57-1-39 through 57-1-42 apply to any obligation secured by a trust deed or mortgage that was paid prior to, on, or after May 1, 1995. Enacted by Chapter 185, 1995 General Session
Section 31.5 – Reinstatement or payoff statement — Timeliness of request — Trustee’s duty to provide statement — Statement to include accounting of costs and fees.
57-1-31.5. Reinstatement or payoff statement — Timeliness of request — Trustee’s duty to provide statement — Statement to include accounting of costs and fees. (1) As used in this section: (a) “Approved delivery method” means delivery by: (i) certified or registered United States mail with return receipt requested; or (ii) a nationally recognized letter or […]
Section 32 – Sale of trust property by trustee — Action to recover balance due upon obligation for which trust deed was given as security — Collection of costs and attorney’s fees.
57-1-32. Sale of trust property by trustee — Action to recover balance due upon obligation for which trust deed was given as security — Collection of costs and attorney’s fees. At any time within three months after any sale of property under a trust deed as provided in Sections 57-1-23, 57-1-24, and 57-1-27, an action […]
Section 33.1 – Reconveyance of a trust deed — Erroneous reconveyance.
57-1-33.1. Reconveyance of a trust deed — Erroneous reconveyance. (1) (a) When an obligation secured by a trust deed has been satisfied, the trustee shall, upon written request by the beneficiary, reconvey the trust property. (b) At the time the beneficiary requests a reconveyance under Subsection (1)(a), the beneficiary shall deliver to the trustee or […]