Utah Code
Utah Code § 57-1-23.5 (2026)
Civil liability for unauthorized person who exercises power of sale
✓ current as of May 2026
Find cases:
SyfertCases citing this section
UT-LEGle.utah.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
As used in this section:
"Unauthorized person" means a person who does not qualify as a trustee under Subsection 57-1-21(1)(a)(i) or (iv).
"Unauthorized sale" means the exercise of a power of sale by an unauthorized person.
An unauthorized person who conducts an unauthorized sale is liable to the trustor for the actual damages suffered by the trustor as a result of the unauthorized sale or $2,000, whichever is greater.
In an action under Subsection (2)(a), the court shall award a prevailing plaintiff the plaintiff's costs and attorney fees.
Notes of Decisions
Cited in 6
cases, 2012–2017 · leading case: Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017).
Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017). “¶37 As a final note, in 2011, after the trustee sale took place, the Utah legislature adopted Utah Code section 57-1-23.5, which provides that “a person who does not qualify as a trustee under Subsection 57-1-21(1)(a)(i) or (iv) .”
Dutcher v. Matheson, 840 F.3d 1183 (10th Cir. 2016). “The complaint presented six claims for relief: (1) violations of Utah Code § 57-1-23.5 (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…”
Dutcher v. Matheson, 733 F.3d 980 (10th Cir. 2013). “The complaint alleged violations of Utah Code Ann. § 57-1-23.5 , violations of Utah Code Ann.”
Bell v. Countrywide Bank, N.A., 860 F. Supp. 2d 1290 (D. Utah 2012). “The question is of continuing importance because Utah Code Ann. § 57-1-23.5 (2) (Supp.2011) 10 provides a private cause of action to a trustor whose real property has been the subject of an unauthorized sale by an unauthorized person.”
Brazell v. PHH Mortg. Corp., 525 F. App'x 878 (10th Cir. 2013). “His complaint contained four claims: (1) A claim for unauthorized sale pursuant to Utah Code Ann. § 57-1-23.5 , arguing that Waite was not a person authorized to serve as trustee, and therefore was unauthorized to hold a foreclosure sale; *880 (2) A claim for declaratory…”
Anderson v. Lehman Bros. Bank, FSB, 528 F. App'x 793 (10th Cir. 2013). “The Andersons then filed suit in state court, asserting two causes of action: “quiet title and declaratory judgment pursuant to Utah Code Ann. § 57-1-23.5 and the Uniform Commercial Code.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.