Utah · statute · Utah Code tit. 57 · 491 active provisions
As used in this title: (1) "Certified copy" means a duplicate of a document: (a) certified by the document's custodian to be a true and correct copy of the document; or (b) maintained under the authority of the United States, the state, a political subdivision of the state, another state, a court of record, a foreign g…
The term "heirs," or other technical words of inheritance or succession, are not requisite to transfer a fee in real estate.
A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended.
A conveyance made by an owner of an estate for life or years, purporting to convey a greater estate than the owner could lawfully transfer, does not work a forfeiture of the estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
(1) (a) (i) (A) Beginning on May 5, 1997, and ending on May 3, 2022, an ownership interest in real estate granted to two persons in their own right who are designated as husband and wife in the granting documents is presumed to be a joint tenancy interest with rights of survivorship, unless severed, converted, or expre…
(1) (a) Joint tenancy, tenancy by the entirety, or life estate interest in real estate terminates upon the death of a tenant holding the interest. (b) The termination of an interest upon death as described in Subsection (1)(a) may be disclosed by an affidavit that: (i) cites the terminated interest that is being disclo…
(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 immediately passes to…
Any person claiming title to any real estate may, notwithstanding there may be an adverse possession thereof, sell and convey the claimant's interest therein in the same manner and with the same effect as if the claimant were in the actual possession thereof.
(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 tract ____ of land…
(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 place of residence), for the…
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, the following described tract ____ of land…
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 in ____ County, U…
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.
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 that person's successor in interest. (2) "Trustor" means the person conveying real property by a trust deed as security for the performa…
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 by the trustor, or the trustor's successors in interest, subsequent to the ex…
(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 State Bar, if the individual or entity is able to do business in the s…
(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 agent of a beneficiary. (2) Except as provided in Subsection (3)…
(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 which the trust property or a part of the trust property is located. (b) The trustee appointed under Subsection (1)(a) ha…
(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 t…
(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 original parties to the trust deed; (ii…
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 breach of an obligation for which the trust property is conveyed as security; or, at…
(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 who conducts an unauthorized sale is liable to the tr…
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 or parcel of the trust property is situated, a notice of default,…
(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 or requested to receive notices. (c) "Default trustor" means a trus…
(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 week for three consecutive weeks; (C) the last publication to be at least 10 days but not more than 30 days before…