A Utah deed of trust is a legal instrument that temporarily assigns an interest in real estate to a trustee until the owner settles their financial obligation to a lender. The deed secures the lender’s loan by authorizing the trustee to foreclose the property should the owner default on the loan terms. A trustee in a deed of trust must be an active member of the Utah State Bar or an entity operating in Utah, such as a title company, trust business, or a legal firm that employs a member of the Utah State Bar.
Foreclosures under this type of deed are done without any court procedures (a “non-judicial foreclosure”), as the instrument contains a power of sale clause, providing the trustee the ability to seize and sell the property if necessary.
- Statutes: §§ 57-1-19 to 57-1-46
- Formatting: § 17-21-20, § 17-21-25, § 57-3-105, § 57-3-106, § 75-7-816
- Signing Requirements (§ 57-3-101): Notary Public
- Where to Record: County Recorder’s Office (List of Counties)
- Recording Fees (§ 17-21-18.5(1)(b)): $40 (no page limit)
- Water Rights Addendum to Land Deeds (§ 57-3-109): Used to describe the water rights included in a land conveyance.
Related Forms (1)
Utah Promissory Note – Used to document a loan made between two (2) parties.