Terms Used In Utah Code > Title 70D > Chapter 2 - Mortgage Lending and Servicing Act

• 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.
• Allegation: something that someone says happened.
• Beer: means a product that:

  (i)

  contains: (A)  at least . See Utah Code 32B-1-102 Beer retailer: means a business that: (a)  is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and (b)  is licensed as: (i)  an off-premise beer retailer, in accordance with 2; or (ii)  an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 7. See Utah Code 32B-1-102 broker: means a person who in the regular course of business assists a person in obtaining a mortgage loan for a fee or other consideration paid directly or indirectly. See Utah Code 70D-2-102 Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102 Commissioner: means the commissioner of the department. See Utah Code 70D-1-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Container: means a receptacle that contains an alcoholic product, including: (a)  a bottle; (b)  a vessel; or (c)  a similar item. See Utah Code 32B-1-102 Contract: A legal written agreement that becomes binding when signed. Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Financial Institutions. See Utah Code 70D-1-102 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Dependent: A person dependent for support upon another. Depository institution: is a s defined in Section 7-1-103. See Utah Code 70D-1-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dispensing structure: means a surface or structure on a licensed premises: (a)  where an alcoholic product is dispensed; or (b)  from which an alcoholic product is served. See Utah Code 32B-1-102 Dwelling: means a residential structure attached to real property that contains one to four units including any of the following if used as a residence: (a)  a condominium unit; (b)  a cooperative unit; (c)  a manufactured home; or (d)  a house. See Utah Code 70D-1-102 Escrow: Money given to a third party to be held for payment until certain conditions are met. Event permit: means : (a)  a single event permit; or (b)  a temporary beer event permit. See Utah Code 32B-1-102 Flavored malt beverage: means a beverage: (i)  that contains at least . See Utah Code 32B-1-102 Furnish: includes to: (i)  serve; (ii)  deliver; or (iii)  otherwise make available. See Utah Code 32B-1-102 Hard cider: means the same as that term is defined in 26 U. See Utah Code 32B-1-102 Heavy beer: means a product that: (i)  (A)  contains more than 5% alcohol by volume; (B)  contains at least . See Utah Code 32B-1-102 Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102 Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102 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 Lender: includes a mortgage lender. See Utah Code 70D-2-102 License: means : (a)  a retail license; (b)  a sublicense; (c)  a license issued in accordance with 4; (d)  a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e)  a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f)  a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (g)  a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Licensee: means a person who holds a license. See Utah Code 32B-1-102 Lien: A claim against real or personal property in satisfaction of a debt. Liquor: includes : (A)  heavy beer; (B)  wine; and (C)  a flavored malt beverage. See Utah Code 32B-1-102 Local authority: means : (a)  for premises that are located in an unincorporated area of a county, the governing body of a county; (b)  for premises that are located in an incorporated city, town, or metro township, the governing body of the city, town, or metro township; or (c)  for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102 Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102 Manufactured home: means a transportable factory built housing unit that: (a)  is constructed: (i)  on or after June 15, 1976, according to the National Manufactured Housing Construction and Safety Standards Act of 1974; and (ii)  in one or more sections, which: (A)  in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or (B)  when erected on site, is 400 or more square feet; (b)  is built on a permanent chassis; (c)  is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and (d)  includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 70D-2-102 Minor: means an individual under 21 years old. See Utah Code 32B-1-102 Mobile home: means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code that existed before the National Manufactured Housing Construction and Safety Standards Act of 1974. See Utah Code 70D-2-102 Modular home: means a modular unit as defined in Section 15A-1-302. See Utah Code 70D-2-102 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage: means a mortgage or deed of trust affecting real property located in this state. See Utah Code 70D-1-102 Mortgage lender: means an entity that performs each of the following related to originating a mortgage loan: (a)  taking and processing an application; (b)  providing a required disclosure; (c)  in some circumstances, underwriting the mortgage loan and making the final credit approval decision; (d)  closing the mortgage loan in its name; (e)  funding the mortgage loan; and (f)  selling the mortgage loan to an investor. See Utah Code 70D-2-102 Mortgage loan: means a loan: (i)  secured by a mortgage; and (ii)  made for personal, family, or household purposes. See Utah Code 70D-1-102 Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Mortgagor: means a person who: (a)  executes a mortgage; or (b)  is obligated to pay a mortgage loan. See Utah Code 70D-1-102 Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under 12 U. See Utah Code 70D-2-102 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. offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102 Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including: (a)  a customer; (b)  a member; (c)  a guest; (d)  an attendee of a banquet or event; (e)  an individual who receives room service; (f)  a resident of a resort; or (g)  a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102 Permanently affixed: means anchored to, and supported by, a permanent foundation or installed in accordance with the manufactured housing installation standard code referred to in Section 15A-1-202. See Utah Code 70D-2-102 Permittee: means a person issued a permit under: (a)  Chapter 9, Event Permit Act; or (b)  Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102 Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. 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. Record: includes : (i)  a book; (ii)  a book of account; (iii)  a paper; (iv)  a contract; (v)  an agreement; (vi)  a document; or (vii)  a recording in any medium. See Utah Code 32B-1-102 Record: means information that is: (a)  inscribed on a tangible medium; or (b)  stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 70D-1-102 Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102 Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102 Servicer: means a person who in the regular course of business assumes responsibility for servicing and accepting payments for a mortgage loan. See Utah Code 70D-2-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Spa: means a spa: (a)  as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b)  that is within the: (i)  boundary of a resort building; or (ii)  boundary of a hotel. See Utah Code 32B-8d-102 Spa sublicense: means a sublicense: (a)  to a resort license or hotel license; and (b)  that the commission issues in accordance with 2, Spa Sublicense. See Utah Code 32B-1-102 Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by 27 U. See Utah Code 32B-1-102 Staff: includes : (i)  an officer; (ii)  a director; (iii)  an employee; (iv)  personnel management; (v)  an agent of the licensee, including a managing agent; (vi)  an operator; or (vii)  a representative. See Utah Code 32B-1-102 State: means : (a)  a state, territory, or possession of the United States; (b)  the District of Columbia; or (c)  the Commonwealth of Puerto Rico. See Utah Code 70D-1-102 Sublicense: means : (a)  any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license: (i)  a full-service restaurant license; (ii)  a limited-service restaurant license; (iii)  a bar establishment license; (iv)  an on-premise banquet license; (v)  an on-premise beer retailer license; (vi)  a beer-only restaurant license; or (vii)  a hospitality amenity license; or (b)  a spa sublicense. See Utah Code 32B-1-102 Subpoena: A command to a witness to appear and give testimony. Testimony: Evidence presented orally by witnesses during trials or before grand juries. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 Writing: includes :Utah Code 68-3-12.5