78B-6-901. Form of action — Judgment — Special execution. (1) There is only one action for the recovery of any debt, or the enforcement of any right, secured solely by mortgage upon real estate and that action shall be in accordance with the provisions of this chapter. (2) A judgment shall include: (a) the amount […]
Effective 5/12/2020 78B-6-901.5. Notice to tenant on residential property to be foreclosed. (1) As used in this section, “residential rental property” means property on which a mortgage was given to secure an obligation the stated purpose of which is to finance residential rental property. (2) Within 20 days after filing an action under this part […]
78B-6-902. Deficiency judgment — Execution. If it appears that the proceeds of the sale are insufficient and a balance still remains due, the judgment shall be docketed by the clerk and execution may be issued for the balance as in other cases. A general execution may not be issued until after the sale of the […]
78B-6-903. Necessary parties — Unrecorded rights barred. A person holding a conveyance from or under the mortgagor or having a lien on the property, neither of which is properly documented or recorded in the proper office at the time of the commencement of the action, is not required to be made a party to the […]
78B-6-904. Sales — Disposition of surplus money. If there is surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may order the amount paid to the person entitled to it. In the meantime the court may direct it to be deposited with the court. Renumbered […]
78B-6-905. Sales — When debt due in installments. If the debt for which the mortgage, lien, or encumbrance is held is not all due, then as soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease. As often as more becomes due on principal or […]
78B-6-906. Right of redemption — Sales by parcels — Of land and water stock. (1) Sales of real estate under judgments of foreclosure of mortgages and liens are subject to redemption as in case of sales under executions generally. (2) In all cases where the judgment directs the sale of land, together with shares of […]
78B-6-907. Restraining possessor from injuring property. The court or judge may upon a showing of good cause enjoin the party in possession of the property from doing any act to injure the property during the foreclosure of a mortgage on it, or after a sale on execution. Renumbered and Amended by Chapter 3, 2008 General […]
78B-6-908. Attorney fees. (1) In all cases of foreclosure when an attorney’s fee is claimed by the plaintiff, the amount shall be fixed by the court. No other or greater amount shall be allowed or decreed than the sum which shall appear by the evidence to be actually charged by and to be paid to […]
78B-6-909. Environmental impairment to real property security interest — Remedies of lender. (1) As used in this section: (a) “Borrower” means: (i) the trustor under a deed of trust, or a mortgagor under a mortgage, when the deed of trust or mortgage encumbers real property security and secures the performance of the trustor or mortgagor […]
