Utah Code 57-1-42. Liability of title insurer or title agent
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A title insurer or title agent purporting to act under the provisions of Section
(1) the obligation secured by the trust deed or mortgage:
Terms Used In Utah Code 57-1-42
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- 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.
(1)(a) has not been fully paid; or
(1)(b) has not been partially paid in an amount agreed to by the beneficiary, mortgagee, or servicer as sufficient to release the mortgage or reconvey the trust deed; and
(2)
(2)(a) the title insurer or title agent failed to comply with the provisions of Sections 57-1-40 and 57-1-41 ; or
(2)(b) the title insurer or title agent acted with gross negligence or in bad faith in reconveying the trust deed.