reglab/statecodes huggingface dataset:
2023 Utah Code › Title 57 - Real Estate › Chapter 24 - Display of Flag › Section 102 - Restriction on prohibition of display of flag.

57-24-102.
Restriction on prohibition of display of flag.
(1) A residential property management authority may not prohibit a resident from displaying a flag:
(a) consistent with the guidelines in United States Code Title 4, Chapter 1, The Flag;
(b) within an area over which the resident has exclusive control; and
(c) from a staff, pole, or window.
(2) In any action to enforce this section, the prevailing party shall be awarded costs and reasonable attorney fees.
(3) This section does not apply to a contract or agreement entered into before May 3, 2004.
Enacted by Chapter 44, 2004 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 101 - Title -- Scope.

57-25-101.
Title -- Scope.
(1) This chapter is known as the "Uniform Environmental Covenants Act."
(2)
(a) This chapter applies to an environmental covenant created on or after May 1, 2006.
(b)Title 19, Chapter 10, Environmental Institutional Control Act, applies to an environmental covenant created before May 1, 2006.
(3) For the purposes of this chapter and Title 19, Chapter 10, Environmental Institutional Control Act, an environmental institutional control, as defined in Section 19-10-102, is considered an environmental covenant.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 102 - Definitions.

57-25-102.
Definitions.
As used in this chapter:
(1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2) "Agency" means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created.
(3) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.
(5) "Environmental response project" means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
(a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code;
(b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program.
(6) "Holder" means the grantee of an environmental covenant as specified in Subsection 57-25-103(1).
(7) "Jurisdiction" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 103 - Nature of rights -- Subordination of interests.

57-25-103.
Nature of rights -- Subordination of interests.
(1)
(a) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder.
(b) An environmental covenant may identify more than one holder.
(c) The interest of a holder is an interest in real property.
(2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.
(3)
(a) An agency is bound by any obligation it affirmatively assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant.
(b) Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.
(4) The following requirements apply to interests in real property in existence at the time an environmental covenant is created or amended:
(a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.
(b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(c)
(i) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record.
(ii) If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.
(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 104 - Contents of environmental covenant.

57-25-104.
Contents of environmental covenant.
(1) An environmental covenant must:
(a) state that the instrument is an environmental covenant executed under this chapter;
(b) contain a legally sufficient description of the real property subject to the covenant;
(c) describe the activity and use limitations on the real property;
(d) identify every holder;
(e) be signed by the agency, every holder, and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant; and
(f) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(2) In addition to the information required by Subsection (1), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(a) requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) requirements for periodic reporting describing compliance with the covenant;
(c) rights of access to the property granted in connection with implementation or enforcement of the covenant;
(d) a brief narrative description of the contamination and remedy, including:
(i) the contaminants of concern;
(ii) the pathways of exposure;
(iii) limits on exposure; and
(iv) the location and extent of the contamination;
(e) limitation on amendment or termination of the covenant in addition to those contained in Sections 57-25-109 and 57-25-110; and
(f) rights of the holder in addition to its right to enforce the covenant under Section 57-25-111.
(3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 105 - Validity -- Effect on other instruments.

57-25-105.
Validity -- Effect on other instruments.
(1) An environmental covenant that complies with this chapter runs with the land.
(2) An environmental covenant that is otherwise effective is valid and enforceable even if:
(a) it is not appurtenant to an interest in real property;
(b) it can be or has been assigned to a person other than the original holder;
(c) it is not of a character that has been recognized traditionally at common law;
(d) it imposes a negative burden;
(e) it imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) the benefit or burden does not touch or concern real property;
(g) there is no privity of estate or contract;
(h) the holder dies, ceases to exist, resigns, or is replaced; or
(i) the owner of an interest subject to the environmental covenant and the holder are the same person.
(3)
(a) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in Subsection (2) or because it was identified as an easement, servitude, deed restriction, or other interest.
(b) This chapter does not apply in any other respect to an instrument covered under Subsection (3)(a).
(4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under Utah law.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 106 - Relationship to other land use law.

57-25-106.
Relationship to other land use law.
(1) This chapter does not authorize a use of real property that is otherwise prohibited by:
(a) a zoning law;
(b) law other than this chapter regulating use of real property; or
(c) a recorded instrument that has priority over the environmental covenant.
(2) An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 107 - Notice.

57-25-107.
Notice.
(1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
(a) each person that signed the covenant;
(b) each person holding a recorded interest in the real property subject to the covenant;
(c) each person in possession of the real property subject to the covenant;
(d) each municipality or other unit of local government in which real property subject to the covenant is located; and
(e) any other person that the agency requires.
(2) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 108 - Recording.

57-25-108.
Recording.
(1)
(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located.
(b) For purposes of indexing, a holder shall be treated as a grantee.
(2) Except as otherwise provided in Subsection 57-25-109(3), an environmental covenant is subject to Utah laws governing recording and priority of interests in real property.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 109 - Duration -- Amendment by court action.

57-25-109.
Duration -- Amendment by court action.
(1) An environmental covenant is perpetual unless it is:
(a)
(i) limited to a specific duration by its terms; or
(ii) terminated by the occurrence of a specific event;
(b) terminated by consent under Section 57-25-110;
(c) terminated under Subsection (2);
(d) terminated by foreclosure of an interest that has priority over the environmental covenant; or
(e) terminated or modified in an eminent domain proceeding, but only if:
(i) the agency that signed the covenant is a party to the proceeding;
(ii) all persons identified in Subsections 57-25-110(1) and (2) are given notice of the pendency of the proceeding; and
(iii) the court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
(2)
(a) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in Subsections 57-25-110(1) and (2) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
(b) The Department of Environmental Quality's determination under Subsection (2)(a) or its failure to make a determination upon request is subject to review under Title 63G, Chapter 4, Administrative Procedures Act.
(c) A federal agency's determination under Subsection (2)(a) or its failure to make a determination upon request is subject to review under applicable federal law.
(3) Except as otherwise provided in Subsections (1) and (2), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
(4) An environmental covenant may not be extinguished, limited, or impaired by application of Title 57, Chapter 9, Marketable Record Title.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 110 - Amendment or termination by consent.

57-25-110.
Amendment or termination by consent.
(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(a) the agency;
(b) unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;
(c) each person that originally signed the covenant, unless:
(i) the person waived in a signed record the right to consent;
(ii) the executive director of the Department of Environmental Quality finds that the person:
(A) no longer exists;
(B) is not legally competent to sign the amendment or termination; or
(C) cannot be located or identified with the exercise of reasonable diligence; or
(iii) a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(d) except as otherwise provided in Subsection (4)(b), the holder.
(2) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(3) Except for an assignment undertaken under a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(4) Except as otherwise provided in an environmental covenant:
(a) a holder may not assign its interest without consent of the other parties; and
(b) a holder may be removed and replaced by agreement of the other parties specified in Subsection (1).
(5) A court of competent jurisdiction may fill a vacancy in the position of holder.
(6) A person required by Subsection (1) to sign the amendment or termination may authorize in writing another person to sign the amendment or termination on the person's behalf.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 111 - Enforcement of environmental covenant.

57-25-111.
Enforcement of environmental covenant.
(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(a) a party to the covenant;
(b) the agency;
(c) any person to whom the covenant expressly grants power to enforce;
(d) a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(e) a municipality or other unit of local government in which the real property subject to the covenant is located.
(2) This chapter does not limit the regulatory authority of the agency under law other than this chapter with respect to an environmental response project.
(3) A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
(4) In addition to Subsection (1), an agency may recover its costs for actions which, in its discretion, it may take to enforce or protect the environmental covenant.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 112 - Uniformity of application and construction.

57-25-112.
Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among jurisdictions that enact it.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 113 - Relation to Electronic Signatures in Global and National Commerce Act.

57-25-113.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101 of that Act, 15 U.S.C. Section 7001(a), or authorize electronic delivery of any of the notices described in Section 103 of that Act, 15 U.S.C. Section 7003(b).
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 25 - Uniform Environmental Covenants Act › Section 114 - Severability.

57-25-114.
Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Enacted by Chapter 51, 2006 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 103 - Manner of giving notification.

57-26-103.
Manner of giving notification.
(1) Except as otherwise provided in Subsections (3) and (4), a person gives a notification or a copy of a notification under this chapter:
(a) by depositing it with the United States Postal Service or with a commercially reasonable delivery service, properly addressed to the intended recipient's address as specified in Subsection (2), with first-class postage or cost of delivery provided for; or
(b) if the recipient agreed to receive notification by facsimile transmission, electronic mail, or other electronic transmission, by sending it to the recipient in the agreed manner at the address specified in the agreement.
(2) The following rules determine the proper address for giving a notification under Subsection (1):
(a) A person giving a notification to an assignee shall use the address for notices to the assignee provided in the document creating the assignment of rents, but, if the assignee has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.
(b) A person giving a notification to an assignor shall use the address for notices to the assignor provided in the document creating the assignment of rents, but, if the assignor has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.
(c) If a tenant's agreement with an assignor provides an address for notices to the tenant and the person giving notification has received a copy of the agreement or knows the address for notices specified in the agreement, the person giving the notification shall use that address in giving a notification to the tenant. Otherwise, the person shall use the address of the premises covered by the agreement.
(3) If a person giving a notification pursuant to this chapter and the recipient have agreed to the method for giving a notification, any notification must be given by that method.
(4) If a notification is received by the recipient, it is effective even if it was not given in accordance with Subsection (1) or (3).
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 104 - Security instrument creates assignment of rents -- Assignment of rents creates security interest.

57-26-104.
Security instrument creates assignment of rents -- Assignment of rents creates security interest.
(1) An enforceable security instrument creates an assignment of rents arising from the real property described in the security instrument, unless the security instrument provides otherwise.
(2) An assignment of rents creates a presently effective security interest in all accrued and unaccrued rents arising from the real property described in the document creating the assignment, regardless of whether the document is in the form of an absolute assignment, an absolute assignment conditioned upon default, an assignment as additional security, or any other form. The security interest in rents is separate and distinct from any security interest held by the assignee in the real property.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 105 - Recordation -- Perfection of security interest in rents -- Priority of conflicting interests in rents.

57-26-105.
Recordation -- Perfection of security interest in rents -- Priority of conflicting interests in rents.
(1) A document creating an assignment of rents may be submitted for recording in the office of the county recorder for the county in which the property is situated in the same manner as any other document evidencing a conveyance of an interest in real property.
(2) Upon recording, the security interest in rents created by an assignment of rents is fully perfected, even if a provision of the document creating the assignment or law of this state other than this chapter would preclude or defer enforcement of the security interest until the occurrence of a subsequent event, including a subsequent default of the assignor, the assignee's obtaining possession of the real property, or the appointment of a receiver.
(3) Except as otherwise provided in Subsection (4), a perfected security interest in rents takes priority over the rights of a person that, after the security interest is perfected:
(a) acquires a judicial lien against the rents or the real property from which the rents arise; or
(b) purchases an interest in the rents or the real property from which the rents arise.
(4) A perfected security interest in rents has priority over the rights of a person described in Subsection (3) with respect to future advances to the same extent as the assignee's security interest in the real property has priority over the rights of that person with respect to future advances.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 106 - Enforcement of security interest in rents.

57-26-106.
Enforcement of security interest in rents.
(1) An assignee may enforce an assignment of rents using one or more of the methods specified in Sections 57-26-107, 57-26-108, and 57-26-109 or any other method sufficient to enforce the assignment under law of this state other than this chapter.
(2) From the date of enforcement, the assignee or, in the case of enforcement by appointment of a receiver under Section 57-26-107, the receiver is entitled to collect all rents that:
(a) have accrued but remain unpaid on that date; and
(b) accrue on or after that date, as those rents accrue.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 107 - Enforcement by appointment of receiver.

57-26-107.
Enforcement by appointment of receiver.
(1) An assignee is entitled to the appointment of a receiver for the real property subject to the assignment of rents if:
(a) the assignor is in default and:
(i) the assignor has agreed in a signed document to the appointment of a receiver in the event of the assignor's default;
(ii) it appears likely that the real property may not be sufficient to satisfy the secured obligation;
(iii) the assignor has failed to turn over to the assignee proceeds that the assignee was entitled to collect; or
(iv) a subordinate assignee of rents obtains the appointment of a receiver for the real property; or
(b) other circumstances exist that would justify the appointment of a receiver under law of this state other than this chapter.
(2) An assignee may file a petition for the appointment of a receiver in connection with an action:
(a) to foreclose the security instrument;
(b) for specific performance of the assignment;
(c) seeking a remedy on account of waste or threatened waste of the real property subject to the assignment; or
(d) otherwise to enforce the secured obligation or the assignee's remedies arising from the assignment.
(3) An assignee that files a petition under Subsection (2) shall also give a copy of the petition in the manner specified in Section 57-26-103 to any other person that, 10 days before the date the petition is filed, held a recorded assignment of rents arising from the real property.
(4) If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the court enters an order appointing a receiver for the real property subject to the assignment.
(5) From the date of its appointment, a receiver is entitled to collect rents as provided in Subsection 57-26-106(2). The receiver also has the authority provided in the order of appointment and law of this state other than this chapter.
(6) The following rules govern priority among receivers:
(a) If more than one assignee qualifies under this section for the appointment of a receiver, a receivership requested by an assignee entitled to priority in rents under this chapter has priority over a receivership requested by a subordinate assignee, even if a court has previously appointed a receiver for the subordinate assignee.
(b) If a subordinate assignee obtains the appointment of a receiver, the receiver may collect the rents and apply the proceeds in the manner specified in the order appointing the receiver until a receiver is appointed under a senior assignment of rents.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 108 - Enforcement by notification to assignor.

57-26-108.
Enforcement by notification to assignor.
(1) Upon the assignor's default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect under Section 57-26-106. The assignee shall also give a copy of the notification to any other person that, 10 days before the notification date, held a recorded assignment of rents arising from the real property.
(2) If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the assignor receives a notification under Subsection (1).
(3) An assignee's failure to give a notification under Subsection (1) to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor, but the other person is entitled to any relief permitted under law of this state other than this chapter.
(4) An assignee that holds a security interest in rents solely by virtue of Subsection 57-26-104(1) may not enforce the security interest under this section while the assignor occupies the real property as the assignor's primary residence.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 111 - Effect of enforcement.

57-26-111.
Effect of enforcement.
The enforcement of an assignment of rents by one or more of the methods identified in Sections 57-26-107, 57-26-108, and 57-26-109, the application of proceeds by the assignee under Section 57-26-112 after enforcement, the payment of expenses under Section 57-26-113, or an action under Subsection 57-26-114(4) does not:
(1) make the assignee a purchaser in possession of the real property;
(2) make the assignee an agent of the assignor;
(3) constitute an election of remedies that precludes a later action to enforce the secured obligation;
(4) make the secured obligation unenforceable;
(5) limit any right available to the assignee with respect to the secured obligation;
(6) limit, waive, or bar any foreclosure or power of sale remedy under the security instrument;
(7) violate Section 78B-6-901; or
(8) bar a deficiency judgment pursuant to any law of this state governing or relating to deficiency judgments following the enforcement of any encumbrance, lien, or security interest.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 112 - Application of proceeds.

57-26-112.
Application of proceeds.
Unless otherwise agreed, an assignee that collects rents under this chapter or collects upon a judgment in an action under Subsection 57-26-114(4) shall apply the sums collected in the following order to:
(1) the assignee's reasonable expenses of enforcing its assignment of rents, including, to the extent provided for by agreement and not prohibited by law of this state other than this chapter, reasonable attorney fees and costs incurred by the assignee;
(2) reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment;
(3) payment of the secured obligation;
(4) payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds; and
(5) the assignor.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 113 - Application of proceeds to expenses of protecting real property -- Claims and defenses of tenant.

57-26-113.
Application of proceeds to expenses of protecting real property -- Claims and defenses of tenant.
(1) Unless otherwise agreed by the assignee, and subject to Subsection (3), an assignee that collects rents following enforcement under Section 57-26-108 or 57-26-109 need not apply them to the payment of expenses of protecting or maintaining the real property subject to the assignment.
(2) Unless a tenant has made an enforceable agreement not to assert claims or defenses, the right of the assignee to collect rents from the tenant is subject to the terms of the agreement between the assignor and tenant and any claim or defense arising from the assignor's nonperformance of that agreement.
(3) This chapter does not limit the standing or right of a tenant to request a court to appoint a receiver for the real property subject to the assignment or to seek other relief on the ground that the assignee's nonpayment of expenses of protecting or maintaining the real property has caused or threatened harm to the tenant's interest in the property. Whether the tenant is entitled to the appointment of a receiver or other relief is governed by law of this state other than this chapter.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 114 - Turnover of rents -- Commingling and identifiability of rents -- Liability of assignor.

57-26-114.
Turnover of rents -- Commingling and identifiability of rents -- Liability of assignor.
(1) In this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(2) If an assignor collects rents that the assignee is entitled to collect under this chapter:
(a) the assignor shall turn over the proceeds to the assignee, less any amount representing payment of expenses authorized by the assignee; and
(b) the assignee continues to have a security interest in the proceeds so long as they are identifiable.
(3) For purposes of this chapter, cash proceeds are identifiable if they are maintained in a segregated account or, if commingled with other funds, to the extent the assignee can identify them by a method of tracing, including application of equitable principles, that is permitted under law of this state other than this chapter with respect to commingled funds.
(4) In addition to any other remedy available to the assignee under law of this state other than this chapter, if an assignor fails to turn over proceeds to the assignee as required by Subsection (2), the assignee may recover from the assignor in a civil action:
(a) the proceeds, or an amount equal to the proceeds, that the assignor was obligated to turn over under Subsection (2); and
(b) reasonable attorney fees and costs incurred by the assignee to the extent provided for by agreement and not prohibited by law of this state other than this chapter.
(5) The assignee may maintain an action under Subsection (4) without bringing an action to foreclose any security interest that it may have in the real property. Any sums recovered in the action must be applied in the manner specified in Section 57-26-112.
(6) Unless otherwise agreed, if an assignee entitled to priority under Subsection 57-26-105(3) enforces its interest in rents after another creditor holding a subordinate security interest in rents has enforced its interest under Section 57-26-108 or 57-26-109, the creditor holding the subordinate security interest in rents is not obligated to turn over any proceeds that it collects in good faith before the creditor receives notification that the senior assignee has enforced its interest in rents. The creditor shall turn over to the senior assignee any proceeds that it collects after it receives the notification.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 115 - Perfection and priority of assignee's security interest in proceeds.

57-26-115.
Perfection and priority of assignee's security interest in proceeds.
(1) In this section:
(a) "Article 9" means Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions, or, to the extent applicable to any particular issue, Article 9 as adopted by the state whose laws govern that issue under the choice-of-laws rules contained in Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions.
(b) "Conflicting interest" means an interest in proceeds, held by a person other than an assignee, that is:
(i) a security interest arising under Article 9; or
(ii) any other interest if Article 9 resolves the priority conflict between that person and a secured party with a conflicting security interest in the proceeds.
(2) An assignee's security interest in identifiable cash proceeds is perfected if its security interest in rents is perfected. An assignee's security interest in identifiable noncash proceeds is perfected only if the assignee perfects that interest in accordance with Article 9.
(3) Except as otherwise provided in Subsection (4), priority between an assignee's security interest in identifiable proceeds and a conflicting interest is governed by the priority rules in Article 9.
(4) An assignee's perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest that is perfected by control under Article 9 but has priority over a conflicting interest that is perfected other than by control.
(5) An assignee's perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest arising under a right of recoupment or setoff.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 117 - Uniformity of application and construction.

57-26-117.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 118 - Relation to Electronic Signatures in Global and National Commerce Act.

57-26-118.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 26 - Utah Uniform Assignment of Rents Act › Section 119 - Application to existing relationships.

57-26-119.
Application to existing relationships.
(1) Except as otherwise provided in this section, this chapter governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before May 12, 2009.
(2) This chapter does not affect an action or proceeding commenced before May 12, 2009.
(3) Subsection 57-26-104(1) of this chapter does not apply to any security instrument signed and delivered before May 12, 2009.
(4) This chapter does not affect:
(a) the enforceability of an assignee's security interest in rents or proceeds if, immediately before May 12, 2009, that security interest was enforceable;
(b) the perfection of an assignee's security interest in rents or proceeds if, immediately before May 12, 2009, that security interest was perfected; or
(c) the priority of an assignee's security interest in rents or proceeds with respect to the interest of another person if, immediately before May 12, 2009, the interest of the other person was enforceable and perfected, and that priority was established.
Enacted by Chapter 139, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 27 - Disclosure of Methamphetamine Contaminated Property Act › Part 1 - General Provisions › Section 102 - Definitions.

57-27-102.
Definitions.
As used in this chapter:
(1) "Contaminated" or "contamination" is as defined in Section 19-6-902.
(2) "Decontaminated" or "decontamination" is as defined in Section 19-6-902.
(3)
(a) "Owner" means the holder of a legal or equitable title or interest in real property.
(b) "Owner" includes a shareholder, partner, operator, or other legal entity.
(4) "Real estate professional" means a licensee under Title 61, Chapter 2f, Real Estate Licensing and Practices Act.
Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 27 - Disclosure of Methamphetamine Contaminated Property Act › Part 2 - Disclosure of Contaminated Property › Section 201 - Disclosure of contaminated property required.

57-27-201.
Disclosure of contaminated property required.
(1) Subject to Section 57-1-37, if an owner or lessor of real property has actual knowledge that the property is currently contaminated from the use, storage, or manufacture of methamphetamines, the owner or lessor shall, in a real property lease, conveyance, or other transaction related to the contaminated property, disclose that the property is contaminated.
(2)
(a) If an owner's or lessor's real property is contaminated from the use, storage, or manufacture of methamphetamines, the owner or lessor may report the contaminated property to a government agency responsible for monitoring the decontamination process and documenting that the test results meet decontamination standards.
(b) Notwithstanding Subsection (2)(a), an owner or lessor whose contaminated property is reported in a police action related to the manufacturing of methamphetamines shall be subject to the provisions of Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act.
(3)
(a) A person may file a civil action to enforce this chapter.
(b) A court may award a prevailing party damages, court costs, and reasonable attorney fees for an action filed under this chapter.
Enacted by Chapter 194, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 27 - Disclosure of Methamphetamine Contaminated Property Act › Part 2 - Disclosure of Contaminated Property › Section 202 - Real estate professional not liable.

57-27-202.
Real estate professional not liable.
A real estate professional is not liable for an owner or lessor of real property making, or failing to make, a disclosure required by Section 57-27-201, unless the real estate professional is also the owner or lessor of the real property.
Enacted by Chapter 194, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 27 - Disclosure of Methamphetamine Contaminated Property Act › Part 2 - Disclosure of Contaminated Property › Section 203 - Decontamination of real property.

57-27-203.
Decontamination of real property.
(1) A government subdivision or agency may charge an owner or lessor a fee, in accordance with the provisions of Section 63J-1-504, for:
(a) a permit issued by the subdivision or agency to decontaminate a property;
(b) the subdivision or agency to determine whether or not the property has been decontaminated; and
(c) any other related service provided by the subdivision or agency, including investigation or decontamination of the property.
(2) A government subdivision or agency may not prohibit an owner or lessor from decontaminating the owner's or lessor's real property.
Enacted by Chapter 194, 2009 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/12/2015
57-28-101.
Title.
(1) This chapter is known as the "Utah Reverse Mortgage Act."
(2) This part is known as "General Provisions."
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2015
57-28-102.
Definitions.
(1) "Borrower" means an individual who executes an agreement for a reverse mortgage.
(2) "Dwelling" means:
(a) a one- to four-family residence in which the borrower occupies at least one unit;
(b) a condominium project approved by the United States Department of Housing and Urban Development; or
(c) a manufactured home built after June 1976.
(3) "Independent housing counselor" means a person who is listed on the United States Department of Housing and Urban Development's Home Equity Conversion Mortgage Counselor Roster described in 24 C.F.R. Part 206.
(4) "Lender" means a person who makes a reverse mortgage.
(5) "Line of credit payment option" means a loan disbursement plan for a reverse mortgage under which the lender pays the loan proceeds to the borrower at times and in amounts determined by the borrower.
(6) "Means-tested program of aid to individuals" means any law or program that relates to payments, allowances, benefits, or services that are provided on a means-tested basis by the state.
(7) "Principal residence" means the dwelling:
(a) that an individual maintains as the individual's permanent place of abode; and
(b) where the individual typically spends the majority of the calendar year.
(8) "Reverse mortgage" means a nonrecourse loan that:
(a) is secured by the borrower's principal residence;
(b) provides cash advances to the borrower based on the borrower's equity in the borrower's principal residence; and
(c) does not require payment of principal or interest until:
(i) each borrower dies;
(ii) the borrower's principal residence is transferred;
(iii) the dwelling that secures the loan is no longer the borrower's principal residence;
(iv)
(A) the borrower fails to occupy the property that secures the loan for more than 12 months because of physical or mental illness; and
(B) no other borrower maintains the property as a principal residence; or
(v) the borrower defaults.
(9) "Tenure payment option" means a loan disbursement plan for a reverse mortgage under which the lender pays the loan proceeds to the borrower in equal monthly installments for as long as the dwelling that secures the reverse mortgage remains the borrower's principal residence.
(10) "Term payment option" means a loan disbursement plan for a reverse mortgage under which the lender pays the loan proceeds to the borrower in equal monthly installments for a fixed term that is chosen by the lender.
Enacted by Chapter 290, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 2 - Reverse Mortgage Requirements › Section 202 - Borrower requirements.

Effective 5/3/2023
57-28-202.
Borrower requirements.
A borrower shall:
(1)
(a) for a home equity conversion mortgage insured by the Federal Housing Administration under Title 1 of the National Housing Act, 12 U.S.C. Sec. 1715z-20, be 62 years old or older; and
(b) for proprietary loans not insured by the Federal Housing Administration, be 55 years old or older; and
(2) occupy the dwelling that secures the reverse mortgage as a principal residence.
Amended by Chapter 385, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 28 - Utah Reverse Mortgage Act › Part 2 - Reverse Mortgage Requirements › Section 203 - Disclosures to borrower.

Effective 5/12/2015
57-28-203.
Disclosures to borrower.
A lender shall give a prospective borrower or a borrower the following written disclosures:
(1) at the time the lender provides an application for a reverse mortgage to a prospective borrower:
(a) a disclosure that explains any adjustable interest rate feature of the reverse mortgage, including:
(i) the circumstances under which the interest rate may increase;
(ii) any limitation on the amount that the interest rate may increase; and
(iii) the effect of an increase in the interest rate; and
(b) a list of at least five independent housing counselors that includes each independent housing counselor's name, address, and telephone number;
(2) at least 10 days before the day on which a reverse mortgage closes, a disclosure that describes:
(a) that the prospective borrower's liability under the reverse mortgage is limited;
(b) the prospective borrower's rights, obligations, and remedies that relate to:
(i) temporary absences, late payments, and payment default by the lender; and
(ii) each condition that requires satisfaction of the reverse mortgage; and
(c) the projected total cost of the reverse mortgage to the prospective borrower, based on the projected total future loan balance;
(3) on an annual basis, on or before January 31 of each year, a statement that summarizes:
(a) the total principal amount paid to the borrower under the reverse mortgage;
(b) the total amount of deferred interest added to the principal; and
(c) the outstanding loan balance at the end of the preceding year; and
(4) if applicable, at least 25 days before the day on which the lender adjusts the interest rate on a reverse mortgage, a disclosure that states:
(a) the current index amount;
(b) the publication date of the index; and
(c) the new interest rate.
Enacted by Chapter 290, 2015 General Session