Utah Code 57-8-48. One-action rule not applicable — Abandonment of enforcement proceedings
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(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.
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 Sections57-1-19 through57-1-34 ; 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.
