57-1-31.5 — Accounting of costs and fees paid -- Disclosure.
Code Resources
Utah Resources
Utah Website
Utah Governor
Utah Legislature
Utah Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
57-1-31.5. Accounting of costs and fees paid -- Disclosure.
(1) For purposes of this section, "compensation" means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a trustee for or in consideration of:
(a) services;
(b) personal or real property; or
(c) other thing of value.
(2) If a trustee receives a request from the trustor for a statement as to the amount required to be paid to reinstate or payoff a loan, the trustee shall include with that statement:
(a) a detailed listing of any of the following that the trustor would be required to pay to reinstate or payoff the loan:
(i) attorney's fees;
(ii) trustee fees; or
(iii) any costs including:
(A) title fees;
(B) publication fees; or
(C) posting fees; and
(b) subject to Subsection (3), a disclosure of:
(i) any relationship that the trustee has with a third party that provides services related to the foreclosure of the loan; and
(ii) whether the relationship described in Subsection (2)(b)(i) is created by:
(A) an ownership interest in the third party; or
(B) contract or other agreement.
(3) Subsection (2)(b) does not require a trustee to provide a trustor:
(i) a copy of any contract or agreement described in Subsection (2)(b);
(ii) specific detail as to the nature of the ownership interest described in Subsection (2)(b); or
(iii) the amount of compensation the trustee receives related to the foreclosure of the loan under a relationship described in Subsection (2)(b).
(1) For purposes of this section, "compensation" means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a trustee for or in consideration of:
(a) services;
(b) personal or real property; or
(c) other thing of value.
(2) If a trustee receives a request from the trustor for a statement as to the amount required to be paid to reinstate or payoff a loan, the trustee shall include with that statement:
(a) a detailed listing of any of the following that the trustor would be required to pay to reinstate or payoff the loan:
(i) attorney's fees;
(ii) trustee fees; or
(iii) any costs including:
(A) title fees;
(B) publication fees; or
(C) posting fees; and
(b) subject to Subsection (3), a disclosure of:
(i) any relationship that the trustee has with a third party that provides services related to the foreclosure of the loan; and
(ii) whether the relationship described in Subsection (2)(b)(i) is created by:
(A) an ownership interest in the third party; or
(B) contract or other agreement.
(3) Subsection (2)(b) does not require a trustee to provide a trustor:
(i) a copy of any contract or agreement described in Subsection (2)(b);
(ii) specific detail as to the nature of the ownership interest described in Subsection (2)(b); or
(iii) the amount of compensation the trustee receives related to the foreclosure of the loan under a relationship described in Subsection (2)(b).
Enacted by Chapter 209, 2002 General Session