Utah Code

Utah Code § 57-1-31 (2026)

Trust deeds -- Default in performance of obligations secured -- Reinstatement -- Cancellation of recorded notice of default

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Whenever all or a portion of the principal sum of any obligation secured by a trust deed has, prior to the maturity date fixed in the obligation, become due or been declared due by reason of a breach or default in the performance of any obligation secured by the trust deed, including a default in the payment of interest or of any installment of principal, or by reason of failure of the trustor to pay, in accordance with the terms of the trust deed, taxes, assessments, premiums for insurance, or advances made by the beneficiary in accordance with terms of the obligation or of the trust deed, the trustor or the trustor's successor in interest in the trust property or any part of the trust property or any other person having a subordinate lien or encumbrance of record on the trust property or any beneficiary under a subordinate trust deed, at any time within three months of the filing for record of notice of default under the trust deed, if the power of sale is to be exercised, may pay to the beneficiary or the beneficiary's successor in interest the entire amount then due under the terms of the trust deed (including costs and expenses actually incurred in enforcing the terms of the obligation, or trust deed, and the trustee's and attorney's fees actually incurred) other than that portion of the principal as would not then be due had no default occurred, and thereby cure the existing default.

After the beneficiary or beneficiary's successor in interest has been paid and the default cured, the obligation and trust deed shall be reinstated as if no acceleration had occurred.

If the default is cured and the trust deed reinstated in the manner provided in Subsection (1), and a reasonable fee is paid for cancellation, including the cost of recording the cancellation of notice of default, the trustee shall:

execute, acknowledge, and deliver a cancellation of the recorded notice of default under the trust deed; and

mail, by certified or registered mail, return receipt requested, with postage prepaid, within 20 days, a copy of the recorded cancellation of notice of default to each person entitled to receive a copy of a notice of default and a copy of a notice of sale under Subsection 57-1-26(3).

A trustee who refuses to execute and record this cancellation within 30 days is liable to the person curing the default for all actual damages resulting from this refusal.

A reconveyance given by the trustee or the execution of a trustee's deed constitutes a cancellation of a notice of default.

Otherwise, a cancellation of a recorded notice of default under a trust deed is, when acknowledged, entitled to be recorded and is sufficient if made and executed by the trustee in substantially the following form:Cancellation of Notice of DefaultThe undersigned hereby cancels the notice of default filed for record __________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or filed of record __________(month\day\year), with recorder's entry No. ____, ____ County), Utah, which notice of default refers to the trust deed executed by ____ and ___________ as trustors, in which ____ is named as beneficiary and ____ as trustee, and filed for record __________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or filed of record __________(month\day\year), with recorder's entry No. ____, ____ County), Utah.(legal description)Signature of Trustee ______________________________________________________

Notes of Decisions

Cited in 13 cases, 1983–2017 · leading case: Washington Nat'l Ins. Co. v. Sherwood Assocs., 795 P.2d 665 (Utah Ct. App. 1990).

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Washington Nat'l Ins. Co. v. Sherwood Assocs., 795 P.2d 665 (Utah Ct. App. 1990). · cites it 46× “Utah Code Ann. § 57-1-31 (1981). In 1985, section 57-1-31 was amended, deleting the phrase which had allowed a debtor in a judicial foreclosure proceeding to cure the default by *667 simply paying the amount in default.”

RJW Media, Inc. v. CIT Grp./Consum. Fin., Inc., 2008 UT App 476 (Utah Ct. App. 2008). · cites it 14× “See Utah Code Ann. § 57-1-31 (Supp.2008). 5 .”

Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017). · cites it 2× “(citing Utah Code section 57-1-24’s requirement that a trustee record notice of default at least three months before giving notice of sale, and section 57-1-31’s requirement that the trustor cure the default within three months of the notice of default).”

Progressive Acquisition, Inc. v. Lytle, 806 P.2d 239 (Utah Ct. App. 1991). · cites it 6× “In response to Progressive’s letter, Ly-tles’ counsel sent a letter to Progressive indicating that he had reviewed the bankruptcy court’s order and that he did not believe that the issue of “reinstatement,” as that term is used in Utah Code Ann. § 57-1-31 (1990), was ever…”

Dewsnup v. Timm, 502 U.S. 410 (1992). “, Utah Code Ann. §57-1-31 (1990) with Uniform Commercial Code § 9-506, 3A U.”

Brady v. Park, 2013 UT App 97 (Utah Ct. App. 2013). · cites it 4× “See Utah Code Ann. § 57-1-31 (1) (LexisNexis 2010) (stating that a borrower may cure its default under a trust deed note by paying "the entire amount then due under the terms of the trust deed (including costs and expenses actually incurred in enforcing the terms of the…”

Kee v. R-G Crown Bank, 656 F. Supp. 2d 1348 (D. Utah 2009). · cites it 6× “Plaintiff further alleges that Fifth Third violated section 57-1-31 of the Utah Code by including attorneys’ fees not actually incurred for the enforcement or collection of the Note in its calculation of the payment required to cure the default on the Note.”

Grossen v. DeWitt, 982 P.2d 581 (Utah Ct. App. 1999). · cites it 4× “Ogden De-Witt and Grossen entered into what Grossen characterized as a “tentative agreement,” whereby the default would be treated as cured and the trust deed reinstated, even though the three month cure period had run, see Utah Code Ann. § 57-1-31 (1) (1994), if Ogden DeWitt…”

Nyman v. McDonald, 966 P.2d 1210 (Utah Ct. App. 1998). · cites it 5× ““Reinstatement,” as it is used in section 57-1-31, is the curing of the default.”

Maynard v. Cannon, 401 F. App'x 389 (10th Cir. 2010). “See Utah Code Ann. § 57-1-31 (a debtor can reinstate a trust deed by paying only the defaulted amount within three months of initial default).”

Capri Sunshine, LLC v. E & C Fox Inv., LLC, 2015 UT App 231 (Utah Ct. App. 2015). · cites it 3× “the entire amount then due under the terms of the trust deed (including costs and expenses actually incurred in enforcing the terms of the obligation, or trust deed, and the trustee's and attorney's fees actually incurred)" Utah Code Ann. § 57-1-31 (1) Generally, "(aln…”

Madsen v. Anderson, 667 P.2d 44 (Utah 1983). “, 1953, §§ 57-1-31, 78-37-6; Soffe v. Ridd, supra, 659 P.”

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— Utah Code § 57-1-31(1) — 3 cases

Brady v. Park, 2013 UT App 97 (Utah Ct. App. 2013). “See Utah Code Ann. § 57-1-31 (1) (LexisNexis 2010) (stating that a borrower may cure its default under a trust deed note by paying "the entire amount then due under the terms of the trust deed (including costs and expenses actually incurred in enforcing the terms of the…”

Nyman v. McDonald, 966 P.2d 1210 (Utah Ct. App. 1998). ““Reinstatement,” as it is used in section 57-1-31, is the curing of the default.”

Capri Sunshine, LLC v. E & C Fox Inv., LLC, 2015 UT App 231 (Utah Ct. App. 2015). “the entire amount then due under the terms of the trust deed (including costs and expenses actually incurred in enforcing the terms of the obligation, or trust deed, and the trustee's and attorney's fees actually incurred)" Utah Code Ann. § 57-1-31 (1) Generally, "(aln…”

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