(1) Subsection 78B-6-901(1) does not apply to an association of unit owners’ judicial or nonjudicial foreclosure of a unit under this part.

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Terms Used In Utah Code 57-8-48

  • association: means all of the unit owners:
         (2)(a) acting as a group in accordance with the declaration and bylaws; or
         (2)(b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3
  • 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 unit:
         (22)(a) for the nonpayment of an assessment;
         (22)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
         (22)(c) as provided in this chapter. See Utah Code 57-8-3
  • Nonjudicial foreclosure: means the sale of a unit:
         (30)(a) for the nonpayment of an assessment;
         (30)(b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
         (30)(c) as provided in this chapter. See Utah Code 57-8-3
  • Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3
(2) An association of unit owners 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.