2011 Utah Code
Title 57 Real Estate
Chapter 1 Conveyances
Section 42 Liability of title insurer or title agent.

57-1-42. Liability of title insurer or title agent.
A title insurer or title agent purporting to act under the provisions of Section 57-1-40 who reconveys a trust deed or releases a mortgage is liable to the beneficiary or mortgagee for the damages suffered as a result of the reconveyance if:
(1) the obligation secured by the trust deed or mortgage has not been fully paid; and
(2) (a) the title insurer or title agent failed to comply with the provisions of Sections 57-1-40 and 57-1-41; or
(b) the title insurer or title agent acted with gross negligence or in bad faith in reconveying the trust deed.