Utah Code
Utah Code § 57-1-23 (2026)
Sale of trust property -- Power of trustee -- Foreclosure of trust deed
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The trustee who is qualified under Subsection
57-1-21(1)(a)(i)
or
(iv)
is given the power of sale by which the trustee may exercise and cause the trust property to be sold in the manner provided in Sections
57-1-24
and
57-1-27
, after a breach of an obligation for which the trust property is conveyed as security; or, at the option of the beneficiary, a trust deed may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property. The power of sale may be exercised by the trustee without express provision for it in the trust deed.
Amended by Chapter 236, 2001 General Session
Notes of Decisions
Cited in 23
cases, 1982–2017 · leading case: Bank of Am. v. Adamson, 2017 UT 2, 391 P.3d 196.
Bank of Am. v. Adamson, 2017 UT 2, 391 P.3d 196. “” Utah Code § 57-1-23. A qualified trastee is defined as (i) any active member of the Utah State Bar who maintains a place 'within the state where the trustor or other interested parties may meet with the trastee .”
Burnett v. Mortg. Elec. Reg. Sys., Inc., 706 F.3d 1231 (10th Cir. 2013). “Utah Code Ann. §§ 57-1-23 ,-24,-27. A non-judicial foreclosure differs from a judicial foreclosure in that the sale does not preserve to the trustee the right to collect any deficiency in the loan amount personally against the mortgagor.”
Five F, L.L.C. v. Heritage Sav. Bank, 2003 UT App 373, 81 P.3d 105. “Utah Code Ann. § 57-1-23 (Supp.2003) (emphasis added).”
Fed. Nat'l Mortg. Ass'n v. Sundquist, 2013 UT 45, 311 P.3d 1004. “¶12 Under section 57-1-23 of the Utah Code, a qualified trustee “is given the power of sale by which the trustee may .”
Commonwealth Prop. Advocates, LLC v. Mortg. Elec. Reg. Sys., Inc., 680 F.3d 1194 (10th Cir. 2011). “Utah Code Ann. § 57-1-23 . In addition, the beneficiary may elect to have the foreclosure conducted according to the “law for the foreclosure of mortgages on real property.”
Gillman v. Preston Fam. Inv. Co. (In Re Richardson), 23 B.R. 434 (Bankr. D. Utah 1982). “The Utah statute governing foreclosures of deeds of trust is found in 6A Utah Code Ann. §§ 57-1-23 to 57-1-34 (1953, as amended).”
Capital Assets Fin. Servs. v. Maxwell, 2000 UT 9, 994 P.2d 201. “See Utah Code Ann. § 57-1-23 (1994). Lott’s quitclaim deed to Christensen and Christensen’s trust deed in favor of Capital Assets were both recorded January 18, 1995.”
Jones v. Johnson, 761 P.2d 37 (Utah Ct. App. 1988). “Utah Code Ann. § 57-1-23 (1986) provides that a trust deed may be foreclosed nonjudicially in accordance with the provisions therein, or by judicial foreclosure, the same as a mortgage.”
Maynard v. Cannon, 650 F. Supp. 2d 1138 (D. Utah 2008). “Utah Code Ann. § 57-1-23 . The notice must contain a statement that a breach of an obligation has occurred and set forth the nature of the breach.”
Occidental/Nebraska Fed. Sav. Bank v. Mehr, 791 P.2d 217 (Utah Ct. App. 1990). “Utah Code Ann. § 57-1-23 (1974) confers upon a trust deed trustee the power to sell trust property if the trustor breaches a secured obligation.”
Bell v. Countrywide Bank, N.A., 860 F. Supp. 2d 1290 (D. Utah 2012). “See Utah Code Ann. §§ 57-1-23 , 57-1-21 (2010) (allowing only an active member of the Utah State Bar or a title insurance company to exercise the power of sale).”
McQueen v. Jordan Pines Townhomes Owners Ass'n, 2013 UT App 53, 298 P.3d 666. “This phrase, according to the Association, refers only to sections 57-1-23 through 57-1-29 of the Trust Deed Act, which address the procedures applicable to a permitted sale, such as those relating to timing and notice.”
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