Section 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 the trust deed.

• (2) A trustee of a trust deed is required to act pursuant to a court order against the trust deed beneficiary to the extent the order requires an action that the trustee is authorized to take under this chapter or under the trust deed.

• (3) If a party in a legal action that involves a trust deed joins the trustee in an action that does not pertain to the trustee’s obligations under this chapter or under the trust deed, the court shall dismiss the action against the trustee and award the trustee reasonable attorney fees arising from the trustee being joined in the legal action.

Enacted by Chapter 305, 2016 General Session