Utah Code 39A-6-115. Mortgage foreclosures
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(1) The creditor of a service member who entered into a mortgage contract with the service member or the service member’s dependent for the purchase of real or personal property prior to the service member’s entry into state military service may not foreclose on the mortgage or repossess the property for nonpayment or any breach occurring during the service member’s state military service without an order from a court of competent jurisdiction.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 39A-6-115
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Dependent: A person dependent for support upon another.
- Dependent: means the spouse and children of a service member or any other individual dependent upon the service member for support. See Utah Code 39A-6-101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- Personal property: includes :
(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Service member: means any member of the Utah National Guard or Utah State Defense Force serving on active military service in an organized military unit. See Utah Code 39A-6-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State military service: means active, full-time service with a recognized military unit called into service by the governor for at least 30 days. See Utah Code 39A-6-101
(2) The court, upon an application under this section, may, unless the court finds on the record that the ability of the service member to comply with the terms of the mortgage is not materially affected by reason of the service member’s state military service:(2)(a) order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;(2)(b) order a stay of the proceedings on the court’s own motion, or on motion by the service member or another individual on the service member’s behalf; or(2)(c) make any other disposition of the case as the court considers to be equitable to conserve the interests of all parties.(3) In order to come within the provisions of this section, the service member or dependent shall establish the following:(3)(a) that relief is sought on an obligation secured by a mortgage, trust deed, or other security in the nature of a mortgage on either real or personal property;(3)(b) that the obligation originated prior to the service member’s entry into state military service;(3)(c) that the property was owned by the service member or the service member’s dependent prior to the commencement of state military service; and(3)(d) that the property is still owned by the service member or the service member’s dependent at the time relief is sought.(4) Any person who knowingly forecloses on property which is the subject of this section other than as provided in Subsection (1) is guilty of a class B misdemeanor.