Title 57 Real Estate Chapter 1 Conveyances Section 22 Successor trustees -- Appointment by beneficiary -- Effect -- Substitution of trustee -- Recording -- Form.
57-1-22.Successor trustees -- Appointment by beneficiary -- Effect -- Substitution
of trustee -- Recording -- Form.
(1) (a) The beneficiary may appoint a successor trustee at any time by filing for record in
the office of the county recorder of each county in which the trust property or some part of the
trust property is situated, a substitution of trustee.
(b) The new trustee shall succeed to all the power, duties, authority, and title of the
trustee named in the deed of trust and of any successor trustee.
(c) The beneficiary may, by express provision in the substitution of trustee, ratify and
confirm action taken on the beneficiary's behalf by the new trustee prior to the recording of the
substitution of trustee.
(2) The substitution shall:
(a) identify the trust deed by stating:
(i) the names of the original parties to the trust deed;
(ii) the date of recordation; and
(iii) (A) the book and page where the trust deed is recorded; or
(B) the entry number;
(b) include the legal description of the trust property;
(c) state the name and address of the new trustee; and
(d) be executed and acknowledged by all of the beneficiaries under the trust deed or their
successors in interest.
(3) (a) If not previously recorded, at the time of recording a notice of default, the
successor trustee shall file for record, in the office of the county recorder of each county in which
the trust property or some part of it is situated, the substitution of trustee.
(b) A copy of the substitution of trustee shall be sent in the manner provided in
Subsection 57-1-26(2) to any:
(i) person who requests a copy of any notice of default or notice of sale under Subsection
57-1-26(1)(a); and
(ii) person who is a party to the trust deed to whom a copy of a notice of default would
be required to be mailed by Subsection 57-1-26(3).
(4) A substitution of trustee shall be in substantially the following form:
Substitution of Trustee
(insert name and address of new trustee)
is hereby appointed successor trustee under the trust deed executed by ____ as
trustor, in which ____ is named beneficiary and ____ as trustee, and 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 No. ____, ____ County),
Utah.
(Insert legal description)
Signature_____________________________
(Certificate of Acknowledgment)
Amended by Chapter 209, 2002 General Session
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