2011 Utah Code
Title 57 Real Estate
Chapter 1 Conveyances
Section 21.5 Trustees of trust deeds -- Duties -- Prohibited conduct -- Penalties.

57-1-21.5. Trustees of trust deeds -- Duties -- Prohibited conduct -- Penalties.
(1) Except as provided in Subsection (2), the following duties of the trustee may not be delegated:
(a) the preparation and execution of:
(i) the notice of default and election to sell;
(ii) the cancellation of notice of default and election to sell;
(iii) the notice of sale; and
(iv) the trustee's deed;
(b) the notification of foreclosure through publication, posting, and certified or registered mail;
(c) the receiving and responding to requests for reinstatement or payoff requirements; and
(d) the handling of reinstatement or payoff funds.
(2) Nothing in this section is intended to prevent:
(a) the trustee from using clerical or office staff:
(i) that is under the trustee's direct and immediate supervision; and
(ii) to assist in the duties described in Subsection (1);
(b) the trustee from using the services of others for publication, posting, marketing, or advertising the sale; or
(c) a beneficiary of a trust deed or the servicing agent of the beneficiary from directly performing the functions described in:
(i) Subsection (1)(c); or
(ii) Subsection (1)(d).
(3) The amendments in Laws of Utah 2002, Chapter 209, to Subsection (2) do not apply to a foreclosure if the notice of default related to the foreclosure was filed before May 6, 2002.
(4) (a) Except as provided in Subsection (4)(c), a trustee may not solicit or receive any fee for referring business to a third party.
(b) Fees prohibited under Subsection (4)(a) include:
(i) a commission;
(ii) a referral based fee, including a fee for the referral of:
(A) title work;
(B) posting services; or
(C) publishing services; or
(iii) a fee similar to a fee described in Subsection (4)(b)(i) or (ii).
(c) Subsection (4)(a) does not apply to:
(i) fees received by a trustee for the trustee acting as co-legal counsel, if the trustee is otherwise permitted by law to receive fees as co-legal counsel; or
(ii) a nonpreferred participation in net profits based upon an ownership interest or franchise relationship that is not otherwise prohibited by law.
(5) A trustee may not require the following to pay any costs that exceed the actual costs incurred by the trustee:
(a) a trustor reinstating or paying off a loan; or
(b) a beneficiary acquiring property through foreclosure.
(6) (a) A person that violates Subsection (4) or (5) is guilty of a class B misdemeanor.
(b) In addition to a person's liability under Subsection (6)(a), if a person violates

Subsection (4) or (5), that person is liable to the trustor for an amount equal to the greater of:
(i) the actual damages of the trustor as a result of the violation; or
(ii) $1,000.
(c) In an action brought under Subsection (6)(b), the party that does not prevail in the action that is brought under Subsection (6)(b) shall pay the attorney fees of the prevailing party.