§ 57-26-101 Title
§ 57-26-102 Definitions
§ 57-26-103 Manner of giving notification
§ 57-26-104 Security instrument creates assignment of rents — Assignment of rents creates security interest
§ 57-26-105 Recordation — Perfection of security interest in rents — Priority of conflicting interests in rents
§ 57-26-106 Enforcement of security interest in rents
§ 57-26-107 Enforcement by appointment of receiver
§ 57-26-108 Enforcement by notification to assignor
§ 57-26-109 Enforcement by notification to tenant
§ 57-26-110 Notification to tenant — Form
§ 57-26-111 Effect of enforcement
§ 57-26-112 Application of proceeds
§ 57-26-113 Application of proceeds to expenses of protecting real property — Claims and defenses of tenant
§ 57-26-114 Turnover of rents — Commingling and identifiability of rents — Liability of assignor
§ 57-26-115 Perfection and priority of assignee’s security interest in proceeds
§ 57-26-116 Priority subject to subordination
§ 57-26-117 Uniformity of application and construction
§ 57-26-118 Relation to Electronic Signatures in Global and National Commerce Act
§ 57-26-119 Application to existing relationships
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Terms Used In Utah Code > Title 57 > Chapter 26 - Utah Uniform Assignment of Rents Act

  • ACT team: means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources. See Utah Code 26B-5-601
  • ACT team personnel: means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team. See Utah Code 26B-5-601
  • aged: means a person 60 years old or older. See Utah Code 26B-6-101
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
  • Area agency on aging: means a public or private nonprofit agency or office designated by the division to:
    (a) operate within a planning and service area of the state; and
    (b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101
  • Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:
    (a) operate within a planning and service area of the state; and
    (b) develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assertive community treatment: includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources. See Utah Code 26B-5-601
  • Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
  • Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
  • Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
  • Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
  • Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102
  • 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.
  • Day: means calendar day. See Utah Code 57-26-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Director: means the director of the division. See Utah Code 26B-6-101
  • Division: means the Division of Integrated Healthcare created in Section 26B-1-202. See Utah Code 26B-5-101
  • Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
  • Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102
  • 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.
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • high risk adult: means a person 18 years old or older who experiences a condition:
    (a) that places the person at a high risk of being unable to care for themselves:
    (i) as determined by assessment; and
    (ii) due to the onset of a physical or cognitive impairment or frailty; and
    (b) for which the person is not eligible to receive services under:
    (i) 4; or
    (ii) Chapter 5, Health Care -- Substance Use and Mental Health. See Utah Code 26B-6-101
  • 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.
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
  • MCOT: means a mobile team of medical and mental health professionals that, in coordination with local law enforcement and emergency medical service personnel, provides mental health crisis services. See Utah Code 26B-5-101
  • Mental health crisis: means :
    (a) a mental health condition that manifests in an individual by symptoms of sufficient severity that a prudent layperson who possesses an average knowledge of mental health issues could reasonably expect the absence of immediate attention or intervention to result in:
    (i) serious danger to the individual's health or well-being; or
    (ii) a danger to the health or well-being of others; or
    (b) a mental health condition that, in the opinion of a mental health therapist or the therapist's designee, requires direct professional observation or intervention. See Utah Code 26B-5-101
  • Mental health crisis services: means an array of services provided to an individual who experiences a mental health crisis, which may include:
    (a) direct mental health services;
    (b) on-site intervention provided by a mobile crisis outreach team;
    (c) the provision of safety and care plans;
    (d) prolonged mental health services for up to 90 days after the day on which an individual experiences a mental health crisis;
    (e) referrals to other community resources;
    (f) local mental health crisis lines; and
    (g) the statewide mental health crisis line. See Utah Code 26B-5-101
  • Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-601
  • Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 26B-5-601
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Notification: means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. See Utah Code 57-26-102
  • 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.
  • 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 :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 57-26-102
  • Personal care attendant: means a person who:
    (a) is selected by:
    (i) an aged person;
    (ii) an agent of an aged person;
    (iii) a high risk adult; or
    (iv) an agent of a high risk adult; and
    (b) provides personal services to the:
    (i) aged person described in Subsection (9)(a)(i); or
    (ii) high risk adult described in Subsection (9)(a)(iii). See Utah Code 26B-6-101
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Personal services: means nonmedical care and support, including assisting a person with:
    (a) meal preparation;
    (b) eating;
    (c) bathing;
    (d) dressing;
    (e) personal hygiene; or
    (f) daily living activities. See Utah Code 26B-6-101
  • Planning and service area: means a geographical area of the state designated by the division for purposes of planning, development, delivery, and overall administration of services for the aged or high risk adults. See Utah Code 26B-6-101
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeds: means personal property that is received or collected on account of a tenant's obligation to pay rents. See Utah Code 57-26-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Psychiatrist: means an individual who:
    (a) is licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
    (b) is board eligible for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic Specialists. See Utah Code 26B-5-601
  • Public funds: includes :
    (i) Medicaid funds; and
    (ii) Medicaid waiver funds. See Utah Code 26B-6-101
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rents: means :
    (a) sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
    (b) sums payable to an assignor under a policy of rental interruption insurance covering real property;
    (c) claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;
    (d) sums payable to terminate an agreement to possess or occupy real property of another person;
    (e) sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or
    (f) any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter. See Utah Code 57-26-102
  • Secured obligation: means an obligation the performance of which is secured by an assignment of rents. See Utah Code 57-26-102
  • Security instrument: means a document, however denominated, that creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property. See Utah Code 57-26-102
  • Security interest: means an interest in property that arises by agreement and secures performance of an obligation. See Utah Code 57-26-102
  • Stabilization services: means in-home services provided to a child with, or who is at risk for, complex emotional and behavioral needs, including teaching the child's parent or guardian skills to improve family functioning. See Utah Code 26B-5-101
  • 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
  • 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 57-26-102
  • Statewide mental health crisis line: means the same as that term is defined in Section 26B-5-610. See Utah Code 26B-5-101
  • Tenant: means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person. See Utah Code 57-26-102
  • 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
  • Writing: includes :Utah Code 68-3-12.5