Utah Code 57-3-203. Authorization to incorporate master form by reference — Referencing a master form — Prohibiting the reference of legal descriptions
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Terms Used In Utah Code 57-3-203
- Deed: The legal instrument used to transfer title in real property from one person to another.
- master form: means a mortgage or trust deed used as a master or similar standardized form that is drafted and recorded in accordance with this part to be incorporated in whole or in part into multiple mortgages or trust deeds. See Utah Code 57-3-201
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(1)(a) After a master form is recorded in accordance with Section 57-3-202 , any provision of that master form may be incorporated in a mortgage or trust deed without setting the provision in full by making reference to the master form in the manner provided in this section.
(1)(b) The incorporation of a provision of a master form is effective for purposes of this chapter only if it complies with the provision of this section.
(2) To incorporate a provision of a master form:
(2)(a) the master form shall be of record in any county in which the mortgage or trust deed incorporating the master form provision is recorded;
(2)(b) the mortgage or trust deed incorporating the master form provision shall contain a statement for each county in which the mortgage or trust deed is to be recorded that:
(2)(b)(i) gives the specific date on which the referenced master form was recorded in that county;
(2)(b)(ii) identifies the referenced master form by reference to the indexing information for the referenced master form from the county records of that county, providing:
(2)(b)(ii)(A) the entry number; and
(2)(b)(ii)(B) the book and first page number of the records or book where the recorded master form appears; and
(2)(b)(iii) if less than all of the provisions of the referenced master form are incorporated, identifies by paragraph, section, or other method which provision is incorporated into the mortgage or trust deed.
(3) In the absence of a statement identifying which provision is to be incorporated as described in Subsection (2)(b)(iii) , the entire referenced master form is considered incorporated.
(4) A party may not incorporate by reference the legal description of the real property affected by the mortgage or trust deed being recorded.