Utah Code
Utah Code § 57-1-28 (2026)
Sale of trust property by trustee -- Payment of bid -- Trustee's deed delivered to purchaser -- Recitals -- Effect
✓ current as of May 2026
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The purchaser at the sale shall pay the price bid as directed by the trustee.
The beneficiary shall receive a credit on the beneficiary's bid in an amount not to exceed the amount representing:
the unpaid principal owed;
accrued interest as of the date of the sale;
advances for the payment of:
taxes;
insurance; and
maintenance and protection of the trust property;
the beneficiary's lien on the trust property; and
costs of sale, including reasonable trustee's and attorney's fees.
Within five business days of the day the trustee receives payment of the price bid, the trustee shall:
execute and submit the trustee's deed to the county recorder for recording; and
upon the purchaser's request, provide an unrecorded copy of the signed trustee's deed to the purchaser.
The trustee's deed may contain recitals of compliance with the requirements of Sections 57-1-19 through 57-1-36 relating to the exercise of the power of sale and sale of the property described in the trustee's deed, including recitals concerning:
any mailing, personal delivery, and publication of the notice of default;
any mailing and the publication and posting of the notice of sale; and
the conduct of sale.
The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest, and claim of the trustor and the trustor's successors in interest and of all persons claiming by, through, or under them, in and to the property sold, including all right, title, interest, and claim in and to the property acquired by the trustor or the trustor's successors in interest subsequent to the execution of the trust deed, which trustee's deed shall be considered effective and relate back to the time of the sale.
In accordance with Section 57-3-106, an interest of a purchaser in a trustee's deed that is recorded with the county recorder may not be divested if a person records an affidavit or other document purporting to rescind or cancel the trustee's deed.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1981–2026 · leading case: Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017).
Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017). “Utah Code section 57-1-28(2)(c) provides that the trustee’s deed recitals “constitute prima facie evidence of compliance with [the Trust Deed Act] and .”
Five F, L.L.C. v. Heritage Sav. Bank, 2003 UT App 373 (Utah Ct. App. 2003). “" Utah Code Ann. § 57-1-28 (2000) 2 A trustee may not exercise the power of sale until the trustee files a notice of default, waits three months, and gives notice of the sale.”
Commonwealth Prop. Advocates, LLC v. Mortg. Elec. Reg. Sys., Inc., 2011 UT App 232 (Utah Ct. App. 2011). “The parties do not argue and we, accordingly, do not address the applicability of Utah Code section 57-1-28(3), see Utah Code Ann. § 57-1-28 (3) (2010) ("The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's title and all right,…”
Capri Sunshine, LLC v. E & C Fox Inv., LLC, 2015 UT App 231 (Utah Ct. App. 2015). “Utah Code Ann. § 57-1-28 (1)(b) (LexisNexis 2010).”
Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986). “780 (1983); Utah Code Ann. § 57-1-28 (1) (1985). We have found no cases which hold that such statutes either are or are not satisfied by a bare statement that the law was complied with, as distinguished from a factual recitation of the steps which were taken to comply with the…”
Concepts, Inc. v. First Sec. Realty Servs., Inc., 743 P.2d 1158 (Utah 1987). “Utah Code Ann. § 57-1-28 (2) (1986). Defendant thereafter had three months to institute action to recover any balance due on the obligation for which the trust deeds were given as security.”
Randall v. Valley Title, 681 P.2d 219 (Utah 1984). “The trial court found that the trustee sale was not conducted properly: payment was not made as § 57-1-28 requires, nor does the Act contain authority for treating release of senior interests as payment.”
Thomas v. Johnson, 801 P.2d 186 (Utah Ct. App. 1990). “The accepted bid is to be paid as directed by the trustee, Utah Code Ann. § 57-1-28 (1) (1990), subject to any restrictions in the trust deed.”
Rm Lifestyles, LLC v. Ellison, 2011 UT App 290 (Utah Ct. App. 2011). “See Utah Code Ann. § 57-1-28 (2)(c)(ii) (2010); Blodgett v.”
Gen. Glass Corp. v. Mast Constr. Co., 766 P.2d 429 (Utah Ct. App. 1988). “§ 57-1-19 (4) (1986) (“trustee” is person to whom title to real property is conveyed by trust deed); see also Utah Code Ann. § 57-1-28 (1986). As a general rule, an instrument purporting to be a deed and in which a blank has been left for the name of the grantee is no deed and…”
Peterson v. United States, 511 F. Supp. 250 (D. Utah 1981). “, § 57-1-28(2), the sale cannot extinguish the federal right of redemption created by federal statute, see 26 U.”
Stenquist v. JMG Holdings LLC, 2016 UT App 180 (Utah Ct. App. 2016). “§ 57-1-28. 115 "The general rule is that payment of the secured debt extinguishes the lien of the mortgage or deed of trust by itself and instantaneously.”
— Utah Code § 57-1-28(1) — 2 cases
Concepts, Inc. v. First Sec. Realty Servs., Inc., 743 P.2d 1158 (Utah 1987). “Utah Code Ann. § 57-1-28 (2) (1986). Defendant thereafter had three months to institute action to recover any balance due on the obligation for which the trust deeds were given as security.”
Randall v. Valley Title, 681 P.2d 219 (Utah 1984). “The trial court found that the trustee sale was not conducted properly: payment was not made as § 57-1-28 requires, nor does the Act contain authority for treating release of senior interests as payment.”
— Utah Code § 57-1-28(1)(a) — 1 case
Capri Sunshine, LLC v. E & C Fox Inv., LLC, 2015 UT App 231 (Utah Ct. App. 2015). “Utah Code Ann. § 57-1-28 (1)(b) (LexisNexis 2010).”
— Utah Code § 57-1-28(1)(b) — 1 case
Capri Sunshine, LLC v. E & C Fox Inv., LLC, 2015 UT App 231 (Utah Ct. App. 2015). “Utah Code Ann. § 57-1-28 (1)(b) (LexisNexis 2010).”
— Utah Code § 57-1-28(2) — 3 cases
Thomas v. Johnson, 801 P.2d 186 (Utah Ct. App. 1990). “The accepted bid is to be paid as directed by the trustee, Utah Code Ann. § 57-1-28 (1) (1990), subject to any restrictions in the trust deed.”
Peterson v. United States, 511 F. Supp. 250 (D. Utah 1981). “, § 57-1-28(2), the sale cannot extinguish the federal right of redemption created by federal statute, see 26 U.”
Randall v. Valley Title, 681 P.2d 219 (Utah 1984). “The trial court found that the trustee sale was not conducted properly: payment was not made as § 57-1-28 requires, nor does the Act contain authority for treating release of senior interests as payment.”
— Utah Code § 57-1-28(2)(c) — 1 case
Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017). “Utah Code section 57-1-28(2)(c) provides that the trustee’s deed recitals “constitute prima facie evidence of compliance with [the Trust Deed Act] and .”
— Utah Code § 57-1-28(2)(c)(ii) — 1 case
Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017). “Utah Code section 57-1-28(2)(c) provides that the trustee’s deed recitals “constitute prima facie evidence of compliance with [the Trust Deed Act] and .”
— Utah Code § 57-1-28(3) — 2 cases
Commonwealth Prop. Advocates, LLC v. Mortg. Elec. Reg. Sys., Inc., 2011 UT App 232 (Utah Ct. App. 2011). “The parties do not argue and we, accordingly, do not address the applicability of Utah Code section 57-1-28(3), see Utah Code Ann. § 57-1-28 (3) (2010) ("The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's title and all right,…”
Barber (D. Utah 2026).
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