Utah Code » Title 57, Chapter 1 — Conveyances
Utah Code

Utah Code § 57-1-35 (2026)

Trust deeds -- Transfer of secured debts as transfer of security

✓ current as of May 2026
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The transfer of any debt secured by a trust deed shall operate as a transfer of the security therefor.

Notes of Decisions
Cited in 9 cases, 2011–2018 · leading case: Commonwealth Prop. Advocates, LLC v. Mortg. Elec. Reg. Sys., Inc., 2011 UT App 232 (Utah Ct. App. 2011).
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Commonwealth Prop. Advocates, LLC v. Mortg. Elec. Reg. Sys., Inc., 2011 UT App 232 (Utah Ct. App. 2011). · cites it 8× “¶11 CPA relies on Utah Code section 57-1-35 in support of its "underlying principle" that MERS and Citi lost their rights under the Deed of Trust when the Note was securi-tized.”
Commonwealth Prop. Advocates, LLC v. Mortg. Elec. Reg. Sys., Inc., 680 F.3d 1194 (10th Cir. 2011). · cites it 3× “Plaintiff contends that any authorization to foreclose contained in the trust deeds is invalidated by Utah Code Ann. § 57-1-35 . This claim appears to relate to Plaintiffs second and third substantive claims for relief, both of which challenged Defendants’ authority to…”
Burnett v. Mortg. Elec. Reg. Sys., Inc., 706 F.3d 1231 (10th Cir. 2013). “3d at 403 (citing Utah Code Ann. § 57-1-35 ) (internal quotation marks and alterations omitted).”
Mitchell v. ReconTrust Co., 2016 UT App 88 (Utah Ct. App. 2016). · cites it 2× “¶ 13 (citing Utah Code Ann. § 57-1-35 (LexisNexis 2010)); accord Burnett v.”
Morris v. Off-Piste Capital LLC, 2018 UT App 7 (Utah Ct. App. 2018). · cites it 2× “6 See Utah Code Ann. § 57-1-35 (LexisNexis 2010) ("The transfer of any debt secured by a trust deed shall operate as a transfer of the security therefor.”
Royal v. First Interstate Bank (In Re Trierweiler), 570 F. App'x 766 (10th Cir. 2014). “See Utah Code § 57-1-35 (“The transfer of any debt secured by a trust deed shall operate as a transfer of the security therefor.”
Tadehara v. Ace Sec. Corp. Home Equity Loan Trust Series 2007-HE4, 492 F. App'x 834 (10th Cir. 2012). · cites it 2× “In their response to defendants’ motion to dismiss their quiet title claim, the Tade-haras relied on Utah Code Ann. § 57-1-35 , which provides, “The transfer of any debt secured by a trust deed shall operate as a transfer of the security therefor.”
Commonwealth Prop. Advocates, LLC v. Mortg. Elec. Reg. Sys., Inc., 474 F. App'x 732 (10th Cir. 2012). · cites it 2× “According to plaintiffs, the securitization process severed the debt from its security, which, under Utah Code Ann. § 57-1-35 , rendered the trust deed unenforceable.”
Commonwealth Prop. Advocates v. Mortg. Elec. Reg. Sys. (10th Cir. 2011). · cites it 3× “Plaintiff contends that any authorization to foreclose contained in the trust deeds is invalidated by Utah Code Ann. § 57-1-35 . This claim appears to relate to Plaintiff’s second and third substantive claims for relief, both of which challenged Defendants’ authority to…”
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