reglab/housing_qa huggingface dataset:
UT Code § 57-1-28 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 28 - Sale of trust property by trustee -- Payment of bid -- Trustee's deed delivered to purchaser -- Recitals -- Effect.

 Effective 5/10/2016  57-1-28. Sale of trust property by trustee -- Payment of bid -- Trustee's deed delivered to purchaser -- Recitals -- Effect.    (1)   (a) The purchaser at the sale shall pay the price bid as directed by the trustee.     (b) The beneficiary shall receive a credit on the beneficiary's bid in an amount not to exceed the amount representing:   (i) the unpaid principal owed;     (ii) accrued interest as of the date of the sale;     (iii) advances for the payment of:   (A) taxes;     (B) insurance; and     (C) maintenance and protection of the trust property;       (iv) the beneficiary's lien on the trust property; and     (v) costs of sale, including reasonable trustee's and attorney's fees.         (2)   (a)   (i) Within five business days of the day the trustee receives payment of the price bid, the trustee shall:   (A) execute and submit the trustee's deed to the county recorder for recording; and     (B) upon the purchaser's request, provide an unrecorded copy of the signed trustee's deed to the purchaser.       (ii) If the trustee does not comply with this Subsection (2)(a), the trustee is liable for any loss incurred by the purchaser because of the trustee's failure to comply with this Subsection (2)(a).       (b) The trustee's deed may contain recitals of compliance with the requirements of Sections 57-1-19 through 57-1-36 relating to the exercise of the power of sale and sale of the property described in the trustee's deed, including recitals concerning:   (i) any mailing, personal delivery, and publication of the notice of default;     (ii) any mailing and the publication and posting of the notice of sale; and     (iii) the conduct of sale.       (c) The recitals described in Subsection (2)(b):   (i) constitute prima facie evidence of compliance with Sections 57-1-19 through 57-1-36; and     (ii) are conclusive evidence in favor of bona fide purchasers and encumbrancers for value and without notice.         (3) The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest, and claim of the trustor and the trustor's successors in interest and of all persons claiming by, through, or under them, in and to the property sold, including all right, title, interest, and claim in and to the property acquired by the trustor or the trustor's successors in interest subsequent to the execution of the trust deed, which trustee's deed shall be considered effective and relate back to the time of the sale.     (4) In accordance with Section 57-3-106, an interest of a purchaser in a trustee's deed that is recorded with the county recorder may not be divested if a person records an affidavit or other document purporting to rescind or cancel the trustee's deed.    Amended by Chapter 305, 2016 General Session
UT Code § 57-1-30 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 30 - Sale of trust property by trustee -- Corporate stock evidencing water rights given to secure trust deed.

57-1-30. Sale of trust property by trustee -- Corporate stock evidencing water rights given to secure trust deed.  Shares of corporate stock evidencing water rights used, intended to be used, or suitable for use on the trust property and which are hypothecated to secure an obligation secured by a trust deed may be sold with the trust property, or any part thereof, at the trustee's sale in the manner provided in this act.  Enacted by Chapter 181, 1961 General Session
UT Code § 57-1-32 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|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 may be commenced to recover the balance due upon the obligation for which the trust deed was given as security, and in that action the complaint shall set forth the entire amount of the indebtedness that was secured by the trust deed, the amount for which the property was sold, and the fair market value of the property at the date of sale. Before rendering judgment, the court shall find the fair market value of the property at the date of sale. The court may not render judgment for more than the amount by which the amount of the indebtedness with interest, costs, and expenses of sale, including trustee's and attorney's fees, exceeds the fair market value of the property as of the date of the sale. In any action brought under this section, the prevailing party shall be entitled to collect its costs and reasonable attorney fees incurred.  Amended by Chapter 236, 2001 General Session
UT Code § 57-1-33.1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|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 the trustee's successor in interest the trust deed and the note or other evidence that the obligation securing the trust deed has been satisfied.       (2) The reconveyance under Subsection (1) may designate the grantee as "the person or persons entitled thereto."     (3) If a reconveyance is erroneously recorded by a beneficiary, the effect of the reconveyance may be nullified and the trust deed reinstated by the recording of a corrective affidavit executed by the then current beneficiary describing the trust deed and setting forth the fact of the erroneous reconveyance. Upon the recording of a corrective affidavit or similar instrument, the trust deed has the same priority as it did prior to the erroneous reconveyance. However, any lien or interest that was recorded or attached to the trust deed property between the time of the recording of the erroneous reconveyance and the recording of the corrective affidavit or similar instrument has priority over the reinstated trust deed, unless the lien or interest was recorded or attached with actual knowledge that the trust deed had been reconveyed erroneously.    Amended by Chapter 236, 2001 General Session
UT Code § 57-1-34 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 34 - Sale of trust property by trustee -- Foreclosure of trust deed -- Limitation of actions.

 Effective 5/10/2016  57-1-34. Sale of trust property by trustee -- Foreclosure of trust deed -- Limitation of actions.  A person shall, within the period prescribed by law for the commencement of an action on an obligation secured by a trust deed:  (1) commence an action to foreclose the trust deed; or     (2) file for record a notice of default under Section 57-1-24.    Amended by Chapter 305, 2016 General Session
UT Code § 57-1-35 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 35 - Trust deeds -- Transfer of secured debts as transfer of security.

57-1-35. Trust deeds -- Transfer of secured debts as transfer of security.  The transfer of any debt secured by a trust deed shall operate as a transfer of the security therefor.  Enacted by Chapter 181, 1961 General Session
UT Code § 57-1-36 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 36 - Trust deeds -- Instruments entitled to be recorded -- Assignment of a beneficial interest.

57-1-36. Trust deeds -- Instruments entitled to be recorded -- Assignment of a beneficial interest.  Any trust deed, substitution of trustee, assignment of a beneficial interest under a trust deed, notice of assignment of a beneficial interest, notice of default, trustee's deed, reconveyance of the trust property, and any instrument by which any trust deed is subordinated or waived as to priority, if acknowledged as provided by law, is entitled to be recorded. The recording of an assignment of a beneficial interest under a trust deed or a notice of assignment of a beneficial interest does not in itself impart notice of the assignment to the trustor, or the trustor's heirs or personal representatives, so as to invalidate any payment made by the trustor, or the trustor's heirs or personal representatives, to the person holding the note, bond, or other instrument evidencing the obligation by the trust deed.  Amended by Chapter 208, 2013 General Session
UT Code § 57-1-37 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 37 - Failure to disclose not a basis for liability.

57-1-37. Failure to disclose not a basis for liability.    (1) The failure of an owner of real property to disclose that the property being offered for sale is stigmatized is not a material fact that must be disclosed in the transaction of real property.     (2) Neither an owner nor his agent is liable for failing to disclose that the property is stigmatized.    Amended by Chapter 5, 1991 General Session
UT Code § 57-1-39 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 39 - Definitions.

57-1-39. Definitions.  As used in Sections 57-1-40 and 57-1-44:  (1) "Beneficiary" means the record owner of the beneficiary's interest under a trust deed, including successors in interest.     (2) "Deliver" or "delivered" means by:   (a) overnight delivery by a reputable carrier;     (b) United States certified mail or express mail;     (c) hand delivery with receipt acknowledged in writing; or     (d) facsimile or electronic mail belonging to the beneficiary, mortgagee, or servicer.       (3) "Mortgage" is as described in Section 57-1-14.     (4) "Mortgagee" means the record owner of the mortgagee's interest under a mortgage, including a successor in interest.     (5) "Satisfactory evidence of the full payment of the obligation secured by a trust deed or mortgage" means written information adequate, in the opinion of a title insurer or title agent, to establish that the obligation secured by the trust deed or mortgage has been paid in full.     (6) "Servicer" means a person or entity that collects loan payments on behalf of a beneficiary or mortgagee.     (7) "Title agent" means a title insurance producer licensed as an organization under Title 31A, Chapter 23a, Part 2, Producers and Consultants.     (8) "Title insurer" means a title insurer authorized to conduct business in the state under Title 31A, Chapter 23a, Part 2, Producers and Consultants.     (9) "Trust deed" is as defined in Subsection 57-1-19(3).    Amended by Chapter 250, 2006 General Session
UT Code § 57-1-41 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|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) and (4), the beneficiary, mortgagee, or servicer sends a notice that:  (1) the obligation secured by the trust deed or mortgage has not been paid in full;     (2) payment of an amount less than the whole obligation was not agreed to or was not received by the beneficiary, mortgagee, or servicer; or     (3) the beneficiary, mortgagee, or servicer objects to the release of the mortgage or reconveyance of the trust deed under Subsection 57-1-40(5)(a).    Amended by Chapter 403, 2013 General Session
UT Code § 57-1-42 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|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 the trust deed or mortgage:   (a) has not been fully paid; or     (b) has not been partially paid in an amount agreed to by the beneficiary, mortgagee, or servicer as sufficient to release the mortgage or reconvey the trust deed; and       (2)   (a) the title insurer or title agent failed to comply with the provisions of Sections 57-1-40 and 57-1-41; or     (b) the title insurer or title agent acted with gross negligence or in bad faith in reconveying the trust deed.      Amended by Chapter 403, 2013 General Session
UT Code § 57-1-43 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|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
UT Code § 57-1-44 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|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
UT Code § 57-1-45 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 1 - Conveyances|Section 45 - Boundary line agreements.

 Effective 5/5/2021  57-1-45. Boundary line agreements.  A boundary line agreement to adjust the boundaries of adjoining properties shall comply with Section 10-9a-524 or 17-27a-523, as applicable. Amended by Chapter 385, 2021 General Session
UT Code § 57-2-10 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2 - Acknowledgments|Section 10 - Proof of execution -- How made.

57-2-10. Proof of execution -- How made.  The proof of the execution of any conveyance whereby real estate is conveyed or may be affected shall be:  (1) by the testimony of a subscribing witness, if there is one; or,     (2) when all the subscribing witnesses are dead, or cannot be had, by evidence of the handwriting of the party, and of a subscribing witness, if there is one, given by a credible witness to each signature.    No Change Since 1953
UT Code § 57-2-11 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2 - Acknowledgments|Section 11 - Witness must be known or identified.

57-2-11. Witness must be known or identified.  No proof by a subscribing witness shall be taken unless such witness shall be personally known to the officer taking the proof to be the person whose name is subscribed to the conveyance as a witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness personally known to such officer.  No Change Since 1953
UT Code § 57-2-12 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2 - Acknowledgments|Section 12 - Certificate of proof by subscribing witness.

57-2-12. Certificate of proof by subscribing witness.  No certificate of such proof shall be made unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party is the person described in, and who executed, the same; that such person executed the conveyance, and that such person subscribed his name thereto as a witness thereof at the request of the maker of such instrument.  No Change Since 1953
UT Code § 57-2-13 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2 - Acknowledgments|Section 13 - Form for certificate of proof.

57-2-13. Form for certificate of proof.  The certificate of proof shall be substantially in the following form, to wit: State of Utah, County of ____ On this __________(month\day\year), before me personally appeared ____, personally known to me (or satisfactorily proved to me by the oath of ____, a competent and credible witness for that purpose, by me duly sworn) to be the same person whose name is subscribed to the above instrument as a witness thereto, who, being by me duly sworn, deposed and said that he resides in ____, county of ____, and state of Utah; that he was present and saw ____, personally known to him to be the signer of the above instrument as a party thereto, sign and deliver the same, and heard him acknowledge that he executed the same, and that he, the deponent, thereupon signed his name as a subscribing witness thereto at the request of said ____.  Amended by Chapter 75, 2000 General Session
UT Code § 57-2-14 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2 - Acknowledgments|Section 14 - Proof of handwriting.

57-2-14. Proof of handwriting.  No proof by evidence of the handwriting of a party, or of the subscribing witness or witnesses, shall be taken unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, out of the jurisdiction, or cannot be had to prove the execution thereof.  No Change Since 1953
UT Code § 57-2-15 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2 - Acknowledgments|Section 15 - Evidence required for certificate of proof.

57-2-15. Evidence required for certificate of proof.  No certificate of any such proof shall be made unless a competent and credible witness shall state on oath or affirmation that he personally knew the person whose name is subscribed thereto as a party, well knows his signature, stating his means of knowledge, and believes the name of the party subscribed thereto as a party was subscribed by such person; nor unless a competent and credible witness shall in like manner state that he personally knew the person whose name is subscribed to such conveyance as a witness, well knows his signature, stating his means of knowledge, and believes the name subscribed thereto as a witness was thereto subscribed by such person.  No Change Since 1953
UT Code § 57-2-16 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2 - Acknowledgments|Section 16 - Subpoena to subscribing witness.

57-2-16. Subpoena to subscribing witness.  Upon the application of any grantee in any conveyance required by law to be recorded, or of any person claiming under such grantee, verified under the oath of the applicant, that any witness to such conveyance residing in the county where such application is made refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorized to take the acknowledgment or proof of such conveyance may issue a subpoena requiring such witness to appear before such officer and testify touching the execution thereof.  No Change Since 1953
UT Code § 57-2-17 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2 - Acknowledgments|Section 17 - Disobedience of subpoenaed witness -- Contempt -- Proof aliunde.

57-2-17. Disobedience of subpoenaed witness -- Contempt -- Proof aliunde.  Every person who, being served with a subpoena, shall without reasonable cause refuse or neglect to appear, or, appearing, shall refuse to answer upon oath touching the matters aforesaid, shall be liable to the party injured for such damages as may be sustained by him on account of such neglect or refusal, and may also be dealt with for contempt as provided by law; but no person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless his reasonable expenses shall have first been tendered to him; provided, that if it shall appear to the satisfaction of the officer so authorized to take such acknowledgment that such subscribing witness purposely conceals himself, or keeps out of the way, so that he cannot be served with a subpoena or taken on attachment after the use of due diligence to that end, or in case of his continued failure or refusal to testify for the space of one hour after his appearance shall have been compelled by process, then said conveyance or other instrument may be proved and admitted to record in the same manner as if such subscribing witness thereto were dead.  No Change Since 1953
UT Code § 57-2a-1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2a - Recognition of Acknowledgments Act|Section 1 - Short title.

57-2a-1. Short title.  This chapter is known as the "Recognition of Acknowledgments Act."  Enacted by Chapter 155, 1988 General Session
UT Code § 57-2a-2 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 2a - Recognition of Acknowledgments Act|Section 2 - Definitions.

57-2a-2. Definitions.  As used in this chapter:  (1) "Acknowledged before me" means:   (a) that the person acknowledging appeared before the person taking the acknowledgment;     (b) that he acknowledged he executed the document;     (c) that, in the case of:   (i) a natural person, he executed the document for the purposes stated in it;     (ii) a corporation, the officer or agent acknowledged he held the position or title set forth in the document or certificate, he signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it;     (iii) a partnership, the partner or agent acknowledged he signed the document on behalf of the partnership by proper authority, and he executed the document as the act of the partnership for the purposes stated in it;     (iv) a person acknowledging as principal by an attorney in fact, he executed the document by proper authority as the act of the principal for the purposes stated in it; or     (v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the document by proper authority, and he executed the document in the capacity and for the purposes stated in it; and       (d) that the person taking the acknowledgment:   (i) either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and     (ii) in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document.         (2) "Notarial act" means any act a notary public is authorized by state law to perform, including administering oaths and affirmations, taking acknowledgments of documents, and attesting documents.    Enacted by Chapter 155, 1988 General Session