Utah Code § 57-1-26 Requests For Copies of Notice of Default and Notice of Sale - Mailing By Trustee Or Beneficiary - Publication of Notice of Default - Notice to Parties of Trust Deed

• Library: Utah Statutes
• Edition: 2023
• Currency: Current through the 2023 Second Special Session
• Year: 2023
• Citation: Utah Code § 57-1-26

(1)

(a) Any person desiring a copy of any notice of default and of any notice of sale under any trust deed shall file for record a duly acknowledged request for a copy of any notice of default and notice of sale:

(i) in the office of the county recorder of any county in which the trust property or any part of the trust property is situated; and

(ii) at any time:

(A) subsequent to the filing for record of the trust deed; and

(B) prior to the filing for record of a notice of default.

(b) Except as provided in Subsection (3), the request described in Subsection (1)(a) may not be included in any other recorded instrument.

(c) The request described in Subsection (1)(a) shall:

(i) set forth the name and address of the one or more persons requesting copies of the notice of default and the notice of sale; and

(ii) identify the trust deed by stating:

(A) the names of the original parties to the trust deed;

(B) the date of filing for record of the trust deed;

(C)

(I) the book and page where the trust deed is recorded; or

(II) the recorder's entry number; and

(D) the legal description of the trust property.

(d) The request described in Subsection (1)(a) shall be in substantially the following form:

"REQUEST FOR NOTICE

The undersigned requests that a copy of any notice of default and a copy of notice of sale under the trust deed filed for record __________ (month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or filed for record __________ (month\day\year), with recorder's entry number ____, _______ County), Utah, executed by ____ and _________________ as trustors, in which ____ is named as beneficiary and ____ as trustee, be mailed to ____ (insert name) ____ at ____ (insert address) __________.

(Insert legal description)

Signature ____________________

(Certificate of Acknowledgement)"

(e) If a request for a copy of a notice of default and notice of sale is filed for record under this section, the recorder shall index the request in:

(i) the mortgagor's index;

(ii) mortgagee's index; and

(iii) abstract record.

(f) Except as provided in Subsection (3), the trustee under any deed of trust is not required to send notice of default or notice of sale to any person not filing a request for notice as described in this Subsection (1).

(2)

(a) Not later than 10 days after [recordation of] the day on which a notice of default is recorded, the trustee or beneficiary shall mail a signed copy of the notice of default:

(i) by certified or registered mail, return receipt requested, with postage prepaid;