As used in Sections 57-1-40 and 57-1-44:

(1)  “Beneficiary” means the record owner of the beneficiary‘s interest under a trust deed, including successors in interest.

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Terms Used In Utah Code 57-1-39

  • 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Writing: includes :Utah Code 68-3-12.5
(2)  “Deliver” or “delivered” means by:

(a)  overnight delivery by a reputable carrier;

(b)  United States certified mail or express mail;

(c)  hand delivery with receipt acknowledged in writing; or

(d)  facsimile or electronic mail belonging to the beneficiary, mortgagee, or servicer.

(3)  “Mortgage” is as described in Section 57-1-14.

(4)  “Mortgagee” means the record owner of the mortgagee’s interest under a mortgage, including a successor in interest.

(5)  “Satisfactory evidence of the full payment of the obligation secured by a trust deed or mortgage” means written information adequate, in the opinion of a title insurer or title agent, to establish that the obligation secured by the trust deed or mortgage has been paid in full.

(6)  “Servicer” means a person or entity that collects loan payments on behalf of a beneficiary or mortgagee.

(7)  “Title agent” means a title insurance producer licensed as an organization under 2.

(8)  “Title insurer” means a title insurer authorized to conduct business in the state under 2.

(9)  “Trust deed” is as defined in Subsection 57-1-19(3).

Amended by Chapter 250, 2006 General Session