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2020 Utah Code
Title 57 - Real Estate
Chapter 1 - Conveyances
Section 23.5 - Civil liability for unauthorized person who exercises power of sale.
Universal Citation: UT Code § 57-1-23.5 (2020)
57-1-23.5. Civil liability for unauthorized person who exercises power of sale.
Enacted by Chapter 228, 2011 General Session
- (1) As used in this section:
- (a) "Unauthorized person" means a person who does not qualify as a trustee under Subsection 57-1-21(1)(a)(i) or (iv).
- (b) "Unauthorized sale" means the exercise of a power of sale by an unauthorized person.
- (2)
- (a) An unauthorized person who conducts an unauthorized sale is liable to the trustor for the actual damages suffered by the trustor as a result of the unauthorized sale or $2,000, whichever is greater.
- (b) In an action under Subsection (2)(a), the court shall award a prevailing plaintiff the plaintiff's costs and attorney fees.
Enacted by Chapter 228, 2011 General Session
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