Utah Code 57-8a-304. Provisions applicable to nonjudicial foreclosure
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(1) An association‘s nonjudicial foreclosure of a lot is governed by:
Terms Used In Utah Code 57-8a-304
- association: means a corporation or other legal entity, any member of which:(2)(a)(i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and(2)(a)(ii) by virtue of membership or ownership of a residential lot is obligated to pay:(2)(a)(ii)(A) real property taxes;(2)(a)(ii)(B) insurance premiums;(2)(a)(ii)(C) maintenance costs; or(2)(a)(ii)(D) for improvement of real property not owned by the member. See Utah Code 57-8a-102
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lot: means :
(16)(a) a lot, parcel, plot, or other division of land:(16)(a)(i) designated for separate ownership or occupancy; and(16)(a)(ii)(16)(a)(ii)(A) shown on a recorded subdivision plat; or(16)(a)(ii)(B) the boundaries of which are described in a recorded governing document; or(16)(b)(16)(b)(i) a unit in a condominium association if the condominium association is a part of a development; or(16)(b)(ii) a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102- Nonjudicial foreclosure: means the sale of a lot:
(19)(a) for the nonpayment of an assessment;(19)(b) in the same manner as the sale of trust property under Sections57-1-19 through57-1-34 ; and(19)(c) as provided in Part 3, Collection of Assessments. See Utah Code 57-8a-102(1)(a) Sections57-1-19 through57-1-34 , to the same extent as though the association’s lien were a trust deed; and(1)(b) this part.(2) If there is a conflict between a provision of this part and a provision of Sections57-1-19 through57-1-34 with respect to an association’s nonjudicial foreclosure of a lot, the provision of this part controls.