H.B. 35 Enrolled

REQUIREMENTS OF TRUSTEES OF TRUST
DEEDS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: David Clark

LONG TITLE
General Description:
This bill modifies the qualification of a trustee.
Highlighted Provisions:
This bill:
. eliminates the requirement that a trustee of a trust deed must reside in Utah; and
. eliminates the requirements that a trustee of a trust deed maintains a bona fide office
in the state.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-1-21, as last amended by Chapter 209, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 57-1-21 is amended to read:
57-1-21. Trustees of trust deeds -- Qualifications.
(1) (a) The trustee of a trust deed shall be:
(i) any active member of the Utah State Bar who maintains a place within the state
where the trustor or other interested parties may meet with the trustee to:
[(A) resides in Utah; or]

[(B) maintains a bona fide office in the state;]
(A) request information about what is required to reinstate or payoff the obligation
secured by the trust deed;
(B) deliver written communications to the lender as required by both the trust deed and
by law;
(C) deliver funds to reinstate or payoff the loan secured by the trust deed; or
(D) deliver funds by a bidder at a foreclosure sale to pay for the purchase of the property
secured by the trust deed.
(ii) any depository institution as defined in Section 7-1-103 , or insurance company
authorized to do business and actually doing business in Utah under the laws of Utah or the
United States;
(iii) any corporation authorized to conduct a trust business and actually conducting a trust
business in Utah under the laws of Utah or the United States;
(iv) any title insurance company or agency that:
(A) holds a certificate of authority or license under Title 31A, Insurance Code, to conduct
insurance business in the state;
(B) is actually doing business in the state; and
(C) maintains a bona fide office in the state;
(v) any agency of the United States government; or
(vi) any association or corporation that is licensed, chartered, or regulated by the Farm
Credit Administration or its successor.
(b) For purposes of this Subsection (1), a person maintains a bona fide office within the
state if that person maintains a physical office in the state:
(i) that is open to the public;
(ii) that is staffed during regular business hours on regular business days; and
(iii) at which a trustor of a trust deed may in person:
(A) request information regarding a trust deed; or
(B) deliver funds, including reinstatement or payoff funds.

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(c) Subsection (1) is not applicable to a trustee of a trust deed existing prior to May 14,
1963, nor to any agreement that is supplemental to that trust deed.
(d) The amendments in Chapter 209, Laws of Utah 2002, to this Subsection (1) apply
only to a trustee that is appointed on or after May 6, 2002.
(2) The trustee of a trust deed may not be the beneficiary of the trust deed, unless the
beneficiary is qualified to be a trustee under Subsection (1)(a)(ii), (iii), (v), or (vi).
(3) The power of sale conferred by Section 57-1-23 may only be exercised by the trustee
of a trust deed if the trustee is qualified under Subsection (1)(a)(i) or (iv).
(4) A trust deed with an unqualified trustee or without a trustee shall be effective to
create a lien on the trust property, but the power of sale and other trustee powers under the trust
deed may be exercised only if the beneficiary has appointed a qualified successor trustee under
Section 57-1-22 .

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