| (1) |
As used in this section, “personal information” means:
Terms Used In Utah Code 17-21-12.5- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See 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
- Subpoena: A command to a witness to appear and give testimony.
- Writing: includes :Utah Code 68-3-12.5
| (a) |
a signature; |
| (b) |
the first five digits of a social security number; or |
| (c) |
the month and day of the month of a birth date. |
|
| (2) |
| (a) |
An individual may request, in accordance with Subsection (3), to have the county recorder create a redacted version of a previously recorded instrument. |
| (b) |
The redacted version of a previously recorded instrument will, in accordance with this section, reflect redactions of the individual’s personal information. |
|
| (3) |
A request under Subsection (2)(a) shall:
| (b) |
include payment of the fee under Subsection (6); and |
| (c) |
identify the location of the personal information in the county recorder’s records by:
| (i) |
entry number and page number; or |
| (ii) |
book and page number. |
|
|
| (4) |
If an individual makes a request in accordance with Subsection (3), the county recorder shall:
| (a) |
create a copy of the originally recorded instrument of record for the purpose of creating a redacted version of the originally recorded instrument; |
| (b) |
on the copy of the originally recorded instrument created under Subsection (4)(a):
| (i) |
redact the personal information, ensuring that the originally recorded instrument is not altered or changed; |
| (ii) |
indicate:
| (A) |
the date and time that the redaction occurred; and |
| (B) |
that the originally recorded instrument remains on file with the county recorder’s office; and |
|
|
| (c) |
make the redacted copy of the originally recorded instrument accessible and available for inspection. |
|
| (5) |
The county recorder shall produce or provide access to the originally recorded instrument of record if:
| (a) |
the individual requesting a copy of the originally recorded instrument is:
| (i) |
the individual whose personal information was redacted on the copy of the originally recorded instrument; |
| (ii) |
if the instrument is a trust deed, a beneficiary of the trust deed; |
| (iii) |
acting on behalf of a title company that has a valid business license issued by the state or a political subdivision of the state; or |
| (iv) |
an attorney that has a valid license from the Utah State Bar; |
|
| (b) |
the county recorder is responding to a valid subpoena; |
| (d) |
a court of competent jurisdiction orders the county recorder to produce the originally recorded instrument. |
|
| (6) |
The county recorder may charge a fee, in accordance with Section 17-21-18.5, for costs related to redacting personal information. |
Enacted by Chapter 165, 2023 General Session
