reglab/housing_qa huggingface dataset:
UT Code § 57-1-2 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 2 - Words of inheritance not required to pass fee.

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
UT Code § 57-1-3 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 3 - Grant of fee simple presumed.

57-1-3. Grant of fee simple presumed.  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.  No Change Since 1953
UT Code § 57-1-4 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 4 - Attempted conveyance of more than grantor owns -- Effect.

57-1-4. Attempted conveyance of more than grantor owns -- Effect.  A conveyance made by an owner of an estate for life or years, purporting to convey a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.  No Change Since 1953
UT Code § 57-1-5.1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 5.1 - Termination of an interest in real estate -- Affidavit.

57-1-5.1. Termination of an interest in real estate -- Affidavit.    (1) Joint tenancy, tenancy by the entirety, life estate, or determinable or conditional interest in real estate may be terminated by an affidavit that:   (a) meets the requirements of Subsection (2); and     (b) is recorded in the office of the recorder of the county in which the affected property is located.       (2) Each affidavit required by Subsection (1) shall:   (a) cite the interest that is being terminated;     (b) contain a legal description of the real property that is affected;     (c) reference the entry number and the book and page of the instrument creating the interest to be terminated; and     (d) if the termination is the result of a death, have attached as an exhibit, a copy of the death certificate or other document issued by a governmental agency as described in Section 75-1-107 certifying the death.       (3) The affidavit required by Subsection (1) may be in substantially the following form:"Affidavit State of Utah ) ) ss County of ___________) I, (name of affiant), being of legal age and being first duly sworn, depose and state as follows: (The name of the deceased person), the decedent in the attached certificate of death or other document witnessing death is the same person as (the name of the deceased person) named as a party in the document dated (date of document) as entry _______ in book _______, page _______ in the records of the (name of county) County Recorder. This affidavit is given to terminate the decedent's interest in the following described property located in ___________________ County, State of Utah: (description of the property). Dated this ______ day of ___________________, ________. _____________________________________ (Signature of affiant) Subscribed to and sworn before me this _______ day of ______________, _________. _____________________________________ Notary public"    Amended by Chapter 381, 2010 General Session
UT Code § 57-1-10 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 10 - After-acquired title passes.

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 immediately passes to the grantee, the grantee's heirs, successors, or assigns; and     (b) the conveyance is as valid as if the legal estate had been in the grantor at the time of the conveyance.       (2) Subsection (1) does not apply to a conveyance by quitclaim deed.    Amended by Chapter 287, 2007 General Session
UT Code § 57-1-11 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 11 - Claimant out of possession may convey.

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
UT Code § 57-1-12 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 12 - Form of warranty deed -- Effect.

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 tract ____ of land in ____ County, Utah, to wit: (here describe the premises). Witness the hand of said grantor this __________(month\day\year).     (2) A warranty deed when executed as required by law shall have the effect of a conveyance in fee simple to the grantee, the grantee's heirs, and assigns:   (a) of the premises named in the warranty deed;     (b) of all the appurtenances, rights, and privileges belonging to the premises named in the warranty deed; and     (c) with covenants from the grantor, the grantor's heirs, and personal representatives, that:   (i) the grantor lawfully owns fee simple title to and has the right to immediate possession of the premises;     (ii) the grantor has good right to convey the premises;     (iii) the grantor guarantees the grantee, the grantee's heirs, and assigns in the quiet possession of the premises;     (iv) the premises are free from all encumbrances; and     (v) the grantor, the grantor's heirs, and personal representatives will forever warrant and defend the title of the premises in the grantee, the grantee's heirs, and assigns against all lawful claims whatsoever.         (3) Any exception to the covenants described in Subsection (2)(c) may be briefly inserted in the warranty deed following the description of the land.    Amended by Chapter 55, 2007 General Session
UT Code § 57-1-12.5 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 12.5 - Form of special warranty deed -- Effect.

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 place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the property). Witness the hand of said grantor this __________(month\day\year).     (2) A special warranty deed when executed as required by law shall have the effect of:   (a) a conveyance in fee simple to the grantee, the grantee's heirs, and assigns, of the property named in the special warranty deed, together with all the appurtenances, rights, and privileges belonging to the property; and     (b) a covenant from the grantor, the grantor's heirs, and personal representatives, that:   (i) the granted property is free from all encumbrances made by that grantor; and     (ii) the grantor, the grantor's heirs, and personal representatives will forever warrant and defend the title of the property in the grantee, the grantee's heirs, and assigns against any lawful claim and demand of the grantor and any person claiming or to claim by, through, or under the grantor.         (3) Any exceptions to a covenant described in Subsection (2)(b) may be briefly inserted in the deed following the description of the land.    Enacted by Chapter 213, 2005 General Session
UT Code § 57-1-13 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 13 - Form of quitclaim deed -- Effect.

 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, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises). Witness the hand of said grantor this __________(month\day\year). A quitclaim deed when executed as required by law shall have the effect of a conveyance of all right, title, interest, and estate of the grantor in and to the premises therein described and all rights, privileges, and appurtenances thereunto belonging, at the date of the conveyance."     (2) A boundary line agreement operating as a quitclaim deed shall meet the requirements described in Section 10-9a-524 or 17-27a-523, as applicable.    Amended by Chapter 385, 2021 General Session
UT Code § 57-1-14 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 14 - Form of mortgage -- Effect.

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 in ____ County, Utah, to wit: (here describe the premises). This mortgage is given to secure the following indebtedness (here state amount and form of indebtedness, maturity, rate of interest, by and to whom payable, and where). The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of ____ dollars attorneys' fee in case of foreclosure. Witness the hand of said mortgagor this __________(month\day\year). A mortgage when executed as required by law shall have the effect of a conveyance of the land therein described, together with all the rights, privileges and appurtenances thereunto belonging, to the mortgagee, his heirs, assigns, and legal representatives, as security for the payment of the indebtedness thereon set forth, with covenants from the mortgagor of general warranty of title, and that all taxes and assessments levied and assessed upon the land described, during the continuance of the mortgage, will be paid previous to the day appointed for the sale of such lands for taxes; and may be foreclosed as provided by law upon any default being made in any of the conditions thereof as to payment of either principal, interest, taxes, or assessments.  Amended by Chapter 75, 2000 General Session
UT Code § 57-1-15 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 15 - Effect of recording assignment of mortgage.

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 General Session
UT Code § 57-1-19 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 19 - Trust deeds -- Definitions of terms.

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 as security for the performance of an obligation.     (3) "Trust deed" means a deed executed in conformity with Sections 57-1-20 through 57-1-36 and conveying real property to a trustee in trust to secure the performance of an obligation of the trustor or other person named in the deed to a beneficiary.     (4) "Trustee" means a person to whom title to real property is conveyed by trust deed, or his successor in interest.     (5) "Real property" has the same meaning as set forth in Section 57-1-1.     (6) "Trust property" means the real property conveyed by the trust deed.    Amended by Chapter 155, 1988 General Session
UT Code § 57-1-20 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 20 - Transfers in trust of real property -- Purposes -- Effect.

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 by the trustor, or the trustor's successors in interest, subsequent to the execution of the trust deed, shall inure to the trustee as security for the obligation or obligations for which the trust property is conveyed as if acquired before execution of the trust deed.  Amended by Chapter 236, 2001 General Session
UT Code § 57-1-22.1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 22.1 - Effect on trustee of a legal action involving a trust.

 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 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
UT Code § 57-1-22.5 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 22.5 - Notice of assignment of beneficial interest.

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 original parties to the trust deed;     (ii) the date the trust deed was recorded;     (iii)   (A) the book and page where the trust deed is recorded; or     (B) the entry number where the trust deed is recorded;       (iv) the legal description of the trust property; and     (v) the name and address of the new beneficiary; and       (b) be in substantially the following form: Notice of Assignment of Beneficial Interest The undersigned hereby gives notice that it assigned and transferred all of its rights, title, and interest under the trust deed described below, together with all of the indebtedness secured thereby, to (insert name and address of current beneficiary) The trust deed was executed by ______ as trustor, in which ______ was the named beneficiary, ______ was the named trustee, and it was filed for record ______ (month/date/year), (in Book __, Page ____, Records of ______ County Recorder)/(as entry No. ______, _______ County), Utah. This notice of assignment of beneficial interest affects the property located in ___________________ County, State of Utah, and is described more specifically as follows: (insert legal description) Dated ___________________ Signature __________________________ (Certificate of Acknowledgment)      Enacted by Chapter 208, 2013 General Session
UT Code § 57-1-23 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 23 - Sale of trust property -- Power of trustee -- Foreclosure of trust deed.

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 breach of an obligation for which the trust property is conveyed as security; or, at the option of the beneficiary, a trust deed may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property. The power of sale may be exercised by the trustee without express provision for it in the trust deed.  Amended by Chapter 236, 2001 General Session
UT Code § 57-1-23.5 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 23.5 - Civil liability for unauthorized person who exercises power of sale.

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 who conducts an unauthorized sale is liable to the trustor for the actual damages suffered by the trustor as a result of the unauthorized sale or $2,000, whichever is greater.     (b) In an action under Subsection (2)(a), the court shall award a prevailing plaintiff the plaintiff's costs and attorney fees.      Enacted by Chapter 228, 2011 General Session
UT Code § 57-1-24 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 24 - Sale of trust property by trustee -- Notice of default.

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 or parcel of the trust property is situated, a notice of default, identifying the trust deed by stating the name of the trustor named in the trust deed and giving the book and page, or the recorder's entry number, where the trust deed is recorded and a legal description of the trust property, and containing a statement that a breach of an obligation for which the trust property was conveyed as security has occurred, and setting forth the nature of that breach and of the trustee's election to sell or cause to be sold the property to satisfy the obligation;     (2) not less than three months has elapsed from the time the trustee filed for record under Subsection (1); and     (3) after the lapse of at least three months the trustee shall give notice of sale as provided in Sections 57-1-25 and 57-1-26.    Amended by Chapter 236, 2001 General Session
UT Code § 57-1-27 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 27 - Sale of trust property by public auction -- Postponement of sale.

 Effective 5/10/2016  57-1-27. Sale of trust property by public auction -- Postponement of sale.    (1)   (a) On the date and at the time and place designated in the notice of sale, the trustee or the attorney for the trustee shall sell the property at public auction to the highest bidder.     (b) The trustee, or the attorney for the trustee, shall conduct the sale and act as the auctioneer.     (c) The trustor, or the trustor's successor in interest, if present at the sale, may direct the order in which the trust property shall be sold, if the property consists of several known lots or parcels which can be sold separately.     (d) The trustee or attorney for the trustee shall follow the trustor's directions described in Subsection (1)(c).     (e) Any person, including the beneficiary or trustee, may bid at the sale.     (f) The trustee may bid for the beneficiary.     (g) A bid is considered an irrevocable offer.     (h) The trustee may, in the trustee's discretion, require a successful bidder to make a deposit in an amount set forth in the notice of trustee's sale described in Section 57-1-25.     (i) If the highest bidder refuses to pay the amount bid by the highest bidder for the property, the trustee, or the attorney for the trustee, shall either:   (i) renotice the sale in the same manner as notice of the original sale is required to be given; or     (ii) sell the property to the next highest bidder.       (j) If a bidder refuses to pay the bid price:   (i) the bidder is liable for any loss occasioned by the refusal, including interest, costs, and trustee's and reasonable attorney fees;     (ii) the trustee or the attorney for the trustee may, after the bidder's refusal, reject any other bid of that person for the property;     (iii) the bidder forfeits the bidder's deposit; and     (iv) the bidder's deposit is treated as additional sale proceeds applied in accordance with Section 57-1-29.         (2)   (a) The person conducting the sale may, for any cause that the person considers expedient, postpone the sale.     (b) The person conducting the sale shall give notice of each postponement by public declaration at the time and place last appointed for the sale.     (c) No notice of the postponed sale in addition to the notice described in Subsection (2)(b) is required, unless the postponement is for longer than 45 days after the date designated in the original notice of sale.     (d) If the person conducting the sale postpones a sale for longer than the time period described in Subsection (2)(c), the person conducting the sale shall renotice the sale in the same manner required for the original notice of sale.      Amended by Chapter 305, 2016 General Session