Part 1 General Provisions 17-21a-101 – 17-21a-102
Part 2 Electronic Documents 17-21a-201 – 17-21a-203
Part 3 Administration and Standards 17-21a-301 – 17-21a-302
Part 4 Relationship to Other Laws 17-21a-401 – 17-21a-403

Terms Used In Utah Code > Title 17 > Chapter 21a - Uniform Real Property Electronic Recording Act

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means :
    (a) a person that directly or indirectly owns, controls, or holds with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
    (i) as a fiduciary or agent without sole discretionary power to vote the securities; or
    (ii) solely to secure a debt, if the person has not exercised the power to vote;
    (b) a corporation 20% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds, with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
    (i) as a fiduciary or agent without sole discretionary power to vote the securities; or
    (ii) solely to secure a debt, if the person has not exercised the power to vote;
    (c) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
    (d) a person that operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. See Utah Code 25-6-102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Asset: means property of a debtor, but does not include:
    (a) property to the extent it is encumbered by a valid lien;
    (b) property to the extent it is generally exempt under nonbankruptcy law; or
    (c) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. See Utah Code 25-6-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Utah Code 25-6-102
  • Commission: means the Utah Electronic Recording Commission established in Section 17-21a-302. See Utah Code 17-21a-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • Creditor: means a person that has a claim. See Utah Code 25-6-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debt: means liability on a claim. See Utah Code 25-6-102
  • Debtor: means a person that is liable on a claim. See Utah Code 25-6-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Document: means information that is:
    (a) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
    (b) eligible to be recorded in the land records maintained by the county recorder. See Utah Code 17-21a-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 25-6-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 17-21a-102
  • Electronic document: means a document that is received by the county recorder in an electronic form. See Utah Code 17-21a-102
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Utah Code 17-21a-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • fund: means the Transportation Network Vehicle Recovery Fund created in Subsection (2). See Utah Code 13-51-201
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insider: includes :
    (a) if the debtor is an individual:
    (i) a relative of the debtor or of a general partner of the debtor;
    (ii) a partnership in which the debtor is a general partner;
    (iii) a general partner in a partnership described in Subsection (8)(a)(ii);
    (iv) a corporation of which the debtor is a director, officer, or person in control; or
    (v) a limited liability company of which the debtor is a member or manager;
    (b) if the debtor is a corporation:
    (i) a director of the debtor;
    (ii) an officer of the debtor;
    (iii) a person in control of the debtor;
    (iv) a partnership in which the debtor is a general partner;
    (v) a general partner in a partnership described in Subsection (8)(b)(iv);
    (vi) a limited liability company of which the debtor is a member or manager; or
    (vii) a relative of a general partner, director, officer, or person in control of the debtor;
    (c) if the debtor is a partnership:
    (i) a general partner in the debtor;
    (ii) a relative of a general partner in, a general partner of, or a person in control of the debtor;
    (iii) another partnership in which the debtor is a general partner;
    (iv) a general partner in a partnership described in Subsection (8)(c)(iii);
    (v) a limited liability company of which the debtor is a member or manager; or
    (vi) a person in control of the debtor;
    (d) if the debtor is a limited liability company:
    (i) a member or manager of the debtor;
    (ii) another limited liability company in which the debtor is a member or manager;
    (iii) a partnership in which the debtor is a general partner;
    (iv) a general partner in a partnership described in Subsection (8)(d)(iii);
    (v) a person in control of the debtor; or
    (vi) a relative of a general partner, member, manager, or person in control of the debtor;
    (e) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
    (f) a managing agent of the debtor. See Utah Code 25-6-102
  • Intestate: Dying without leaving a will.
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Utah Code 25-6-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Organization: means a person other than an individual. See Utah Code 25-6-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, estate, partnership, limited liability company, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal or commercial entity. See Utah Code 25-6-102
  • Person: means :Utah Code 68-3-12.5
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 17-21a-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: means anything that may be the subject of ownership. See Utah Code 25-6-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium that is retrievable in perceivable form. See Utah Code 25-6-102
  • Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Utah Code 25-6-102
  • 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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 17-21a-102
  • Testator: A male person who leaves a will at death.
  • Transfer: means every mode, direct or indirect, absolute or conditional, or voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Utah Code 25-6-102
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Valid lien: means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Utah Code 25-6-102
  • Writing: includes :Utah Code 68-3-12.5
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