reglab/statecodes huggingface dataset:
2023 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
2023 Utah Code › Title 57 - Real Estate › Chapter 1 - Conveyances › Section 29 - Proceeds of trustee's sale -- Disposition.

Effective 5/9/2017
57-1-29.
Proceeds of trustee's sale -- Disposition.
(1)
(a) The trustee shall apply the proceeds of a trustee's sale in the following order:
(i) first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the trustee's and attorney fees actually incurred not to exceed any amount provided for in the trust deed;
(ii) second, to payment of the obligation secured by the trust deed; and
(iii)
(A) the balance, if any, to the person or persons legally entitled to the proceeds; or
(B) the trustee, in the trustee's discretion, may deposit the balance of the proceeds with the clerk of the district court of the county in which the sale took place.
(b) If the proceeds are deposited with the clerk of the district court, the trustee shall file an affidavit with the clerk setting forth the facts of the deposit and a list of all known claimants, including known addresses.
(c) Upon depositing the balance and filing the affidavit, the trustee is discharged from all further responsibility and the clerk shall deposit the proceeds with the state treasurer subject to the order of the district court.
(2) The clerk shall give notice of the deposited funds to all claimants listed in the trustee's affidavit within 15 days of receiving the affidavit of deposit from the trustee.
(3)
(a) A claimant may file a petition for adjudication of priority to the funds if the claimant pays to the court clerk a filing fee in the amount of $50.
(b) A petitioner requesting funds under Subsection (3)(a) shall give notice of the petition to all claimants listed in the trustee's affidavit and to any other claimants known to the petitioner.
(c) The petitioner's notice under Subsection (3)(b) shall specify that all claimants have 60 days to contest the petition by affidavit or counter-petition.
(d) If no affidavit or counter-petition is filed within 60 days of the notice required by Subsection (3)(c), the court shall, without a hearing, enter an order directing the clerk of the court or the county treasurer to disburse the funds to the petitioner according to the petition.
(4)
(a) If a petition for adjudication is contested by affidavit or counter-petition, the district court shall, within 20 days, conduct a hearing to establish the priorities of the parties to the deposited funds and give notice to all known claimants of the date and time of the hearing.
(b) At a hearing under Subsection (4)(a), the court shall establish the priorities of the parties to the deposited funds and enter an order directing the clerk of the court or county treasurer to disburse the funds according to the court's determination.
(5) A person having or claiming to have an interest in the disposition of funds deposited with the court under Subsection (1) who fails to appear and assert the person's claim is barred from any claim to the funds after the entry of the court's order under Subsection (4).
Amended by Chapter 465, 2017 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 57 - Real Estate › Chapter 2a - Recognition of Acknowledgments Act › Section 3 - Persons authorized to perform notarial acts.

57-2a-3.
Persons authorized to perform notarial acts.
(1) Notarial acts performed in this state shall be performed by:
(a) a judge or court clerk having a seal;
(b) a notary public; or
(c) a county clerk or county recorder.
(2) The following persons authorized under the laws and regulations of other governments may perform notarial acts outside this state for use in this state with the same effect as if performed by a notary public of this state:
(a) a notary public authorized to perform notarial acts in the place where the act is performed;
(b) a judge, clerk, or deputy clerk of any court of record in the place where the notarial act is performed;
(c) an officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place where the act is performed;
(d) a commissioned officer in active service with the Armed Forces of the United States and any other person authorized by regulation of the Armed Forces to perform notarial acts if the notarial act is performed for any of his dependents, a merchant seaman of the United States, a member of the Armed Forces of the United States, or any other person serving with or accompanying the Armed Forces of the United States; or
(e) any other person authorized to perform notarial acts in the place where the act is performed.
Amended by Chapter 88, 1989 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 2a - Recognition of Acknowledgments Act › Section 4 - Proof of authority -- Prima facie evidence.

57-2a-4.
Proof of authority -- Prima facie evidence.
(1) Except as provided in Subsections (2) and (3), the signature, title or rank, branch of service, and serial number, if any, of any person described in Subsection 57-2a-3(2) are sufficient proof of his authority to perform a notarial act. Further proof of his authority is not required.
(2) Proof of the authority of a person to perform a notarial act under the laws or regulations of a foreign country is sufficient if:
(a) a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
(b) the official seal of the person performing the notarial act is affixed to the document; or
(c) the title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
(3) The signature and title or rank of the person performing the notarial act are prima facie evidence that he is a person with the designated title and that his signature is genuine.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 2a - Recognition of Acknowledgments Act › Section 5 - Certificate.

57-2a-5.
Certificate.
A person taking an acknowledgment shall cause a certificate in a form acceptable under Section 57-2a-6 or 57-2a-7 to be endorsed on or attached to the document or other written instrument.
Enacted by Chapter 155, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 2a - Recognition of Acknowledgments Act › Section 6 - Form of certificate.

57-2a-6.
Form of certificate.
The form of a certificate of acknowledgment used by a person whose authority is recognized under Section 57-2a-3 shall be accepted if:
(1) the certificate is in a form prescribed by the laws or rules of this state;
(2) the certificate is in a form prescribed by the laws or regulations applicable in the place where the acknowledgment is taken; or
(3) the certificate contains the words "acknowledged before me," or their substantial equivalent.
Enacted by Chapter 155, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 2a - Recognition of Acknowledgments Act › Section 7 - Form of acknowledgment.

57-2a-7.
Form of acknowledgment.
(1) The form of acknowledgment set forth in this section, if properly completed, is sufficient under any law of this state. It is known as "Statutory Short Form of Acknowledgment." This section does not preclude the use of other forms.
State of __________ )
) ss.
County of _________ )
The foregoing instrument was acknowledged before me this (date) by (person acknowledging, title or representative capacity, if any).
___________________________________________
(Signature of Person Taking Acknowledgment)
(Seal) (Title)
My commission expires: Residing at:
____________________________________________________
(2) The phrases "My commission expires" and "Residing at" may be omitted if this information is included in the notarial seal.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 1 - General Provisions › Section 101 - Certificate of acknowledgment, proof of execution, jurat, or other certificate required -- Notarial acts affecting real property -- Right to record documents unaffected by subdivision ordinances.

57-3-101.
Certificate of acknowledgment, proof of execution, jurat, or other certificate required -- Notarial acts affecting real property -- Right to record documents unaffected by subdivision ordinances.
(1) A certificate of the acknowledgment of any document, or of the proof of the execution of any document, or a jurat as defined in Section 46-1-2, or other notarial certificate containing the words "subscribed and sworn" or their substantial equivalent, that is signed and certified by the officer taking the acknowledgment, proof, or jurat, as provided in this title, entitles the document and the certificate to be recorded in the office of the recorder of the county where the real property is located.
(2) Notarial acts affecting real property in this state shall also be performed in conformance with Title 46, Chapter 1, Notaries Public Reform Act.
(3) Nothing in the provisions of Title 10, Chapter 9a, Part 6, Subdivisions, and Title 17, Chapter 27a, Part 6, Subdivisions, shall prohibit the recording of a document which is otherwise entitled to be recorded under the provisions of this chapter.
Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 1 - General Provisions › Section 102 - Record imparts notice -- Change in interest rate -- Validity of document -- Notice of unnamed interests -- Conveyance by grantee.

57-3-102.
Record imparts notice -- Change in interest rate -- Validity of document -- Notice of unnamed interests -- Conveyance by grantee.
(1) Each document executed, acknowledged, and certified, in the manner prescribed by this title, each original document or certified copy of a document complying with Section 57-4a-3, whether or not acknowledged, each copy of a notice of location complying with Section 40-1-4, and each financing statement complying with Section 70A-9a-502, whether or not acknowledged shall, from the time of recording with the appropriate county recorder, impart notice to all persons of their contents.
(2) If a recorded document was given as security, a change in the interest rate in accordance with the terms of an agreement pertaining to the underlying secured obligation does not affect the notice or alter the priority of the document provided under Subsection (1).
(3) This section does not affect the validity of a document with respect to the parties to the document and all other persons who have notice of the document.
(4) The fact that a recorded document recites only a nominal consideration, names the grantee as trustee, or otherwise purports to be in trust without naming beneficiaries or stating the terms of the trust does not charge any third person with notice of any interest of the grantor or of the interest of any other person not named in the document.
(5) The grantee in a recorded document may convey the interest granted to him free and clear of all claims not disclosed in the document in which he appears as grantee or in any other document recorded in accordance with this title that sets forth the names of the beneficiaries, specifies the interest claimed, and describes the real property subject to the interest.
Amended by Chapter 252, 2000 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 1 - General Provisions › Section 103 - Effect of failure to record.

57-3-103.
Effect of failure to record.
Each document not recorded as provided in this title is void as against any subsequent purchaser of the same real property, or any portion of it, if:
(1) the subsequent purchaser purchased the property in good faith and for a valuable consideration; and
(2) the subsequent purchaser's document is first duly recorded.
Renumbered and Amended by Chapter 61, 1998 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 1 - General Provisions › Section 104 - Certified copies entitled to record in another county -- Effect.

57-3-104.
Certified copies entitled to record in another county -- Effect.
(1)
(a) A document of record in a county recorder's office that is certified by the county recorder may be recorded in the office of the county recorder of another county.
(b) The recording of a certified copy in the office of the county recorder of another county has the same force and effect as if the original document had been recorded in the other county.
(2) A certified copy of a document may not be submitted for recording under Subsection (1) in the office of the same county recorder that issued the certified copy.
Amended by Chapter 211, 2003 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 1 - General Provisions › Section 105 - Legal description of real property and names and addresses required in documents.

Effective 7/1/2022
57-3-105.
Legal description of real property and names and addresses required in documents.
(1) Except as otherwise provided by statute, if a document for recording does not conform to this section, a person may not present the document to the office of the recorder of the county for recording.
(2) A document executed after July 1, 2022, is entitled to be recorded in the office of the recorder of the county in which the property described in the document is located only if the document contains a legal description of the real property in accordance with Subsection (4).
(3)
(a) A document conveying title to real property presented for recording after July 1, 2022, is entitled to be recorded in the office of the recorder of the county in which the property described in the document is located only if the document:
(i) names the grantees and recites a mailing address to be used for assessment and taxation; and
(ii) includes a legal description of the real property in accordance with Subsection (4).
(b) The address of the management committee may be used as the mailing address of a grantee as required in Subsection (3)(a) if the interest conveyed is a timeshare interest as defined by Section 57-19-2.
(4) A legal description required under this Section and Subsection 17-21-20(2)(d) shall include a description of the real property by:
(a) metes and bounds;
(b) a government survey that:
(i) references the Public Land Survey System; and
(ii) specifies the township, range, base and meridian, and section, with aliquot part or government lot, if applicable, of the real property;
(c) if the real property consists of a mining claim:
(i) the claim name; and
(ii) if available, a state or federal agency serial number; or
(d)
(i) a lot, block, tract, parcel, or unit within a previously recorded plat or map;
(ii) station and offset with reference to centerline;
(iii) a centerline described using:
(A) a bearing and distance; or
(B) at least three elements of curve data;
(iv) a point referenced to a corner of the Public Land Survey System or other controlling corner; or
(v) a type of legal description not described in Subsections (4)(d)(i) through (iv) that meets the requirements described in Section 57-10-4 for a legal and satisfactory description of a land boundary.
(5) Notwithstanding Subsections (2), (3), and (4), a master form, as defined in Section 57-3-201, that does not meet the requirements of Subsections (2) and (3) is entitled to be recorded in the office of the recorder of the county in which the property described in the master form is located if the master form complies with Part 2, Master Mortgage and Trust Deeds.
Amended by Chapter 420, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 1 - General Provisions › Section 107 - Unenforceable covenants -- Definition -- Inclusion in recorded document.

57-3-107.
Unenforceable covenants -- Definition -- Inclusion in recorded document.
(1) As used in this chapter, "unenforceable covenant" means a restriction on alienation of real property, whether recited in a document to be recorded under this chapter, or recited in a document of record under this chapter, which is based on race, gender, national origin, marital status, or a similar classification determined to be unenforceable under state or federal law.
(2) A document which recites an unenforceable covenant may be recorded as provided in this chapter.
(3) Any unenforceable covenant recited in a document to be recorded under this chapter or recited in a document of record is considered void, but does not invalidate the remainder of the document.
Amended by Chapter 163, 1999 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 1 - General Provisions › Section 108 - Financing statements not subject to title.

57-3-108.
Financing statements not subject to title.
This title does not apply to a financing statement filed or recorded in a filing office described in Subsection 70A-9a-501(1)(a) that:
(1) covers as-extracted collateral or timber to be cut; or
(2)
(a) is filed as a fixture filing; and
(b) covers goods that are or are to become fixtures.
Enacted by Chapter 252, 2000 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 1 - General Provisions › Section 109 - Water rights addenda.

57-3-109.
Water rights addenda.
(1) As used in this section:
(a) "Applicable deed" means a deed executed on or after July 1, 2011:
(i) conveying fee simple title to land; or
(ii) conveying title to water rights without conveying title to land.
(b) "Water rights addendum" means a written document that:
(i) is an addendum to an applicable deed;
(ii) is in a form approved by the Legislature in a joint resolution; and
(iii)
(A) identifies and describes the water rights transferred under an applicable deed; or
(B) states that no water rights are transferred under an applicable deed.
(2) Beginning July 1, 2011, a person submitting an applicable deed to a county recorder's office for recording may also submit a water rights addendum as an addendum to the applicable deed.
(3)
(a) A grantor shall complete and sign a water rights addendum submitted under Subsection (2).
(b)
(i) A grantee shall sign a water rights addendum to acknowledge receipt of a copy of the water rights addendum.
(ii) A grantee's signature on a water rights addendum may be by facsimile or electronic means.
(4) The state engineer shall use and make available to the public the water rights addendum form approved by the Legislature.
(5) Upon recording an applicable deed with a water rights addendum, a county recorder shall transmit a paper or electronic copy of the deed and water rights addendum to the state engineer.
Enacted by Chapter 70, 2010 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 2 - Master Mortgage and Trust Deeds › Section 201 - Definitions.

57-3-201.
Definitions.
As used in this part, "master form" means a mortgage or trust deed used as a master or similar standardized form that is drafted and recorded in accordance with this part to be incorporated in whole or in part into multiple mortgages or trust deeds.
Enacted by Chapter 61, 1998 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 2 - Master Mortgage and Trust Deeds › Section 202 - Recording master mortgage and trust deed -- Requirements for master form -- Indexing by county recorder.

57-3-202.
Recording master mortgage and trust deed -- Requirements for master form -- Indexing by county recorder.
(1)
(a) A person may record a master form in the office of the county recorder.
(b) A person who files a master form shall state in the caption required under Section 57-3-106 that the instrument is a master form.
(2) A master form is not required to:
(a) contain identification or description of any specific real property; or
(b) name a specific:
(i) mortgagor;
(ii) trustor; or
(iii) trustee.
(3) A master form shall:
(a) name a specific mortgagee or beneficiary;
(b) contain an acknowledgment, proof, or certification; and
(c) identify the person causing the recording of the master form.
(4) A county recorder shall:
(a) index a master form in the same manner as the county recorder indexes mortgages and trust deeds in accordance with Section 17-21-6; and
(b) indicate on all indices and records of the county referencing the master form that the instrument is a master form.
(5)
(a) If a county recorder receives a document for recording that contains both a master form and a mortgage or trust deed, the county recorder:
(i) is not required to:
(A) separate the master form from the mortgage or trust deed; or
(B) record the master form and the mortgage or trust deed as separate instruments; but
(ii) may separate the master form from the mortgage or trust deed and record only the master form if the unrecorded portion is clearly designated or marked as a section not recorded.
(b) A master form recorded under Subsection (5)(a), is considered as a master form under this part for purposes of the incorporation by reference of a previously recorded master form.
Enacted by Chapter 61, 1998 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 2 - Master Mortgage and Trust Deeds › Section 203 - Authorization to incorporate master form by reference -- Referencing a master form -- Prohibiting the reference of legal descriptions.

57-3-203.
Authorization to incorporate master form by reference -- Referencing a master form -- Prohibiting the reference of legal descriptions.
(1)
(a) After a master form is recorded in accordance with Section 57-3-202, any provision of that master form may be incorporated in a mortgage or trust deed without setting the provision in full by making reference to the master form in the manner provided in this section.
(b) The incorporation of a provision of a master form is effective for purposes of this chapter only if it complies with the provision of this section.
(2) To incorporate a provision of a master form:
(a) the master form shall be of record in any county in which the mortgage or trust deed incorporating the master form provision is recorded;
(b) the mortgage or trust deed incorporating the master form provision shall contain a statement for each county in which the mortgage or trust deed is to be recorded that:
(i) gives the specific date on which the referenced master form was recorded in that county;
(ii) identifies the referenced master form by reference to the indexing information for the referenced master form from the county records of that county, providing:
(A) the entry number; and
(B) the book and first page number of the records or book where the recorded master form appears; and
(iii) if less than all of the provisions of the referenced master form are incorporated, identifies by paragraph, section, or other method which provision is incorporated into the mortgage or trust deed.
(3) In the absence of a statement identifying which provision is to be incorporated as described in Subsection (2)(b)(iii), the entire referenced master form is considered incorporated.
(4) A party may not incorporate by reference the legal description of the real property affected by the mortgage or trust deed being recorded.
Enacted by Chapter 61, 1998 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 3 - Recording of Documents › Part 2 - Master Mortgage and Trust Deeds › Section 204 - Constructive notice -- Effect as between direct parties to mortgage or trust deed.

57-3-204.
Constructive notice -- Effect as between direct parties to mortgage or trust deed.
(1) The recording of a mortgage or trust deed that incorporates a provision of a master form in accordance with Section 57-3-203, operates as constructive notice of the mortgage or trust deed, including all incorporated provisions of the referenced master form.
(2) Nothing in this part modifies the law regarding the effectiveness of a mortgage, trust deed, or contract as between:
(a) the mortgagor and mortgagee of the mortgage; or
(b) the trustor, beneficiary, and trustee under a trust deed.
Enacted by Chapter 61, 1998 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 4a - Effects of Recording › Section 1 - Document recordable despite defects.

57-4a-1.
Document recordable despite defects.
Each document executed and acknowledged on or before July 1, 1988, may be recorded in the office of the county recorder regardless of any defect or irregularity in its execution, attestation, or acknowledgment.
Enacted by Chapter 155, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 4a - Effects of Recording › Section 2 - Recorded document imparts notice of contents despite defects.

57-4a-2.
Recorded document imparts notice of contents despite defects.
A recorded document imparts notice of its contents regardless of any defect, irregularity, or omission in its execution, attestation, or acknowledgment. A certified copy of a recorded document is admissible as evidence to the same extent the original document would be admissible as evidence.
Enacted by Chapter 155, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 4a - Effects of Recording › Section 3 - Document recordable without acknowledgment.

57-4a-3.
Document recordable without acknowledgment.
A document or a certified copy of a document may be recorded without acknowledgment if:
(1) it was executed under law existing at the time of execution;
(2) it evidences or affects title to real property; and
(3) it was issued under the authority of:
(a) the United States, another state, a court of record, a foreign government, or an Indian tribe; or
(b) this state or any of its political subdivisions but, any document executed under the authority of this state or any of its political subdivisions after July 1, 1988, may not be recorded unless it includes a certificate of acknowledgement or jurat.
Amended by Chapter 88, 1989 General Session