Utah Code 57-8a-305. One-action rule not applicable — Abandonment of enforcement proceeding
Current as of: 2024 | Check for updates
|
Other versions
(1) Subsection 78B-6-901(1) does not apply to an association‘s judicial or nonjudicial foreclosure of a lot under this part.
Terms Used In Utah Code 57-8a-305
- 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
- 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
- Judicial foreclosure: means a foreclosure of a lot:
(13)(a) for the nonpayment of an assessment;(13)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and(13)(c) as provided in Part 3, Collection of Assessments. See Utah Code 57-8a-102- 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(2) An association may abandon a judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale and initiate a separate action or another judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale if the initial judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale is not complete.