Utah Code

Utah Code § 57-1-21 (2026)

Trustees of trust deeds -- Qualifications

✓ current as of May 2026

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The trustee of a trust deed shall be:

any individual who is an active member of the Utah State Bar, or any entity in good standing that is organized to provide licensed professional legal services and employs an active member of the Utah State Bar, if the individual or entity is able to do business in the state and maintains an office in the state where the trustor or other interested parties may meet with the trustee to:

request information about what is required to reinstate or payoff the obligation secured by the trust deed;

deliver written communications to the lender as required by both the trust deed and by law;

deliver funds to reinstate or payoff the loan secured by the trust deed; or

deliver funds by a bidder at a foreclosure sale to pay for the purchase of the property secured by the trust deed;

any depository institution as defined in Section 7-1-103, or insurance company authorized to do business and actually doing business in Utah under the laws of Utah or the United States;

any corporation authorized to conduct a trust business and actually conducting a trust business in Utah under the laws of Utah or the United States;

any title insurance company or agency that:

holds a certificate of authority or license under Title 31A, Insurance Code, to conduct insurance business in the state;

is actually doing business in the state; and

maintains a bona fide office in the state;

any agency of the United States government; or

any association or corporation that is licensed, chartered, or regulated by the Farm Credit Administration or its successor.

For purposes of this Subsection (1), a person maintains a bona fide office within the state if that person maintains a physical office in the state:

that is open to the public;

that is staffed during regular business hours on regular business days; and

at which a trustor of a trust deed may in person:

request information regarding a trust deed; or

deliver funds, including reinstatement or payoff funds.

This Subsection (1) is not applicable to a trustee of a trust deed existing prior to May 14, 1963, nor to any agreement that is supplemental to that trust deed.

The amendments in Laws of Utah 2002, Chapter 209, to this Subsection (1) apply only to a trustee that is appointed on or after May 6, 2002.

For an entity that acts as a trustee under Subsection (1)(a)(i), only a member attorney of the entity who is currently licensed to practice law in the state may sign documents on behalf of the entity in the entity's capacity as trustee.

The trustee of a trust deed may not be the beneficiary of the trust deed, unless the beneficiary is qualified to be a trustee under Subsection (1)(a)(ii), (iii), (v), or (vi).

The power of sale conferred by Section 57-1-23 may only be exercised by the trustee of a trust deed if the trustee is qualified under Subsection (1)(a)(i) or (iv).

A trust deed with an unqualified trustee or without a trustee shall be effective to create a lien on the trust property, but the power of sale and other trustee powers under the trust deed may be exercised only if the beneficiary has appointed a qualified successor trustee under Section 57-1-22.

Notes of Decisions

Cited in 16 cases, 2003–2018 · leading case: Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017).

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Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017). · cites it 38× “On Direct Appeal Justice Durham, opinion of the Court: INTRODUCTION ¶1 This case involves a nonjudicial foreclosure sale conducted in violation of Utah Code section 57-1-21, which requires the trustee of the sale to maintain a physical office location within the state.”

Dutcher v. Matheson, 840 F.3d 1183 (10th Cir. 2016). · cites it 8× “5 (providing damages for the unauthorized sale of property held in deed of trust); (2) violations of Utah Code § 57-1-21 (relating to the exercise of the power of sale on deeds of trust without authority); (3) conversion; (4) wrongful lien; (5) wrongful foreclosure; and (6)…”

Five F, L.L.C. v. Heritage Sav. Bank, 2003 UT App 373 (Utah Ct. App. 2003). · cites it 6× “See Utah Code Ann. § 57-1-21 (2) (2000). 15 Five F failed to pay off the note by December 31.”

Fed. Nat'l Mortg. Ass'n v. Sundquist, 2013 UT 45 (Utah 2013). · cites it 17× “Specifically, she argued that sections 57-1-21 and 57-1-23 of the Utah Code limit the power of sale to trustees who are either members of the Utah State Bar or title insurance companies with an office in Utah.”

Dutcher v. Matheson, 733 F.3d 980 (10th Cir. 2013). · cites it 2× “See Utah Code Ann. § 57-1-21 (3). Thus, plaintiffs argued, ReconTrust, a Texas-based bank, had no au *984 thority under Utah law to conduct nonjudicial foreclosures.”

McQueen v. Jordan Pines Townhomes Owners Ass'n, 2013 UT App 53 (Utah Ct. App. 2013). · cites it 9× “Additionally, section 57-1-21 is applicable here and states that the power of sale “may only be exercised by the trustee of a trust deed if the trustee is qualified under Subsection (l)(a)(i) or (iv).”

Bell v. Countrywide Bank, N.A., 860 F. Supp. 2d 1290 (D. Utah 2012). · cites it 2× “98 Utah Code Ann. §§ 57-1-21 , 57-1-23.5 were both drafted so that the fiduciaries contemplated in 12 U.”

Bank of Am., N.A. v. Sundquist, 2018 UT 58 (Utah 2018). · cites it 3× “See UTAH CODE §§ 57-1-21, - 23. 2 A bank, like ReconTrust, may not.”

Dutcher v. Matheson, 16 F. Supp. 3d 1327 (D. Utah 2014). · cites it 3× “2 In that decision, the Court concluded that the Utah foreclosure statute at issue, Utah Code Ann. § 57-1-21 , was preempted by the National Banking Act.”

Garrett v. ReconTrust Co., N.A., 546 F. App'x 736 (10th Cir. 2013). “See Utah Code Ann. §§ 57-1-21 & 57-1-23. However, under the applicable federal banking statute, 12 U.”

Maxwell v. Woodall, 328 P.3d 869 (Utah Ct. App. 2014). · cites it 2× “Maxwell's complaint alleged that pursuant to Utah Code section 57-1-21, Woodall was an unqualified trustee who did not have the legal authority to conduct a sale of Maxwell's property.”

Fed. Nat. Mortg. Ass'n v. Sundquist, 2013 UT 45 (Utah 2013). · cites it 10× “Specifically, she argued that sections 57-1-21 and 57-1-23 of the Utah Code limit the power of sale to trustees who are either members of the Utah State Bar or title insurance companies with an office in Utah.”

Show all 16 citing cases →

— Utah Code § 57-1-21(1)(a) — 4 cases

Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017). “On Direct Appeal Justice Durham, opinion of the Court: INTRODUCTION ¶1 This case involves a nonjudicial foreclosure sale conducted in violation of Utah Code section 57-1-21, which requires the trustee of the sale to maintain a physical office location within the state.”

Fed. Nat'l Mortg. Ass'n v. Sundquist, 2013 UT 45 (Utah 2013). “Specifically, she argued that sections 57-1-21 and 57-1-23 of the Utah Code limit the power of sale to trustees who are either members of the Utah State Bar or title insurance companies with an office in Utah.”

Fed. Nat. Mortg. Ass'n v. Sundquist, 2013 UT 45 (Utah 2013). “Specifically, she argued that sections 57-1-21 and 57-1-23 of the Utah Code limit the power of sale to trustees who are either members of the Utah State Bar or title insurance companies with an office in Utah.”

Fed. Nat. Mortg. Ass'n v. Sundquist, 2013 UT 45 (Utah 2013).

— Utah Code § 57-1-21(1)(a)(i) — 2 cases

Five F, L.L.C. v. Heritage Sav. Bank, 2003 UT App 373 (Utah Ct. App. 2003). “See Utah Code Ann. § 57-1-21 (2) (2000). 15 Five F failed to pay off the note by December 31.”

— Utah Code § 57-1-21(2) — 1 case

— Utah Code § 57-1-21(3) — 3 cases

Dutcher v. Matheson, 840 F.3d 1183 (10th Cir. 2016). “5 (providing damages for the unauthorized sale of property held in deed of trust); (2) violations of Utah Code § 57-1-21 (relating to the exercise of the power of sale on deeds of trust without authority); (3) conversion; (4) wrongful lien; (5) wrongful foreclosure; and (6)…”

McQueen v. Jordan Pines Townhomes Owners Ass'n, 2013 UT App 53 (Utah Ct. App. 2013). “Additionally, section 57-1-21 is applicable here and states that the power of sale “may only be exercised by the trustee of a trust deed if the trustee is qualified under Subsection (l)(a)(i) or (iv).”

Dutcher v. Matheson, 16 F. Supp. 3d 1327 (D. Utah 2014). “2 In that decision, the Court concluded that the Utah foreclosure statute at issue, Utah Code Ann. § 57-1-21 , was preempted by the National Banking Act.”

— Utah Code § 57-1-21(4) — 1 case

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