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S.B. 215
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REAL ESTATE RECORDING LAW
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AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Ron Allen
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AN ACT RELATING TO REAL ESTATE; REQUIRING AN AFFIDAVIT TO BE RECORDED
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WHEN TERMINATING CERTAIN INTERESTS IN REAL ESTATE; PERMITTING THE USE
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OF A MANAGEMENT COMMITTEE ADDRESS FOR TIMESHARE INTERESTS;
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REQUIRING CERTAIN INFORMATION WHEN RECORDING A TRUST; AND MAKING
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TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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57-3-105, as renumbered and amended by Chapter 61, Laws of Utah 1998
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57-3-106, as renumbered and amended by Chapter 61 and last amended by Chapter 85,
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Laws of Utah 1998
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57-9-5, as enacted by Chapter 109, Laws of Utah 1963
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75-7-409, as enacted by Chapter 14, Laws of Utah 1985
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ENACTS:
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57-1-5.1, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
57-1-5.1
is enacted to read:
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57-1-5.1. Termination of an interest in real estate -- Affidavit.
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(1) Whenever a joint tenancy, tenancy by the entirety, life estate, or determinable or
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conditional interest in real estate is terminated, an affidavit shall be recorded in the office of the
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proper county recorder.
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(2) The affidavit required by Subsection (1) shall:
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(a) cite the interest which is being terminated;
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(b) contain a legal description of the real property that is affected;
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(c) reference the entry number and the book and page of the instrument creating the
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interest to be terminated; and
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(d) if the termination is the result of a death, have attached as an exhibit, a copy of the
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death certificate or other document witnessing the death.
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Section 2.
Section
57-3-105
is amended to read:
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57-3-105. Legal description of real property and names and addresses required in
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documents.
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(1) A document executed after July 1, 1983, is entitled to be recorded in the office of any
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county recorder only if the document contains a legal description of the real property affected.
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(2) (a) A document affecting title to real property presented for recording after July 1,
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1981, is entitled to be recorded in the office of any county recorder only if the document contains
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the names and mailing addresses of the grantees in addition to the legal description required under
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Subsection (1).
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(b) The address of the management committee may be used as the mailing address of a
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grantee as required in Subsection(2)(a) if the interest conveyed is a timeshare interest as defined
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by Section
57-19-2
.
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(3) Each county recorder shall refuse to accept a document for recording if it does not
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conform to the requirements under this section.
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(4) Notwithstanding Subsections (1), (2), and (3), a master form, as defined in Section
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57-3-201
, that does not meet the requirements of Subsections (1) and (2) is entitled to be recorded
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in the office of any county recorder if it complies with Part 2, Master Mortgage and Trust Deeds.
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Section 3.
Section
57-3-106
is amended to read:
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57-3-106. Original documents required -- Captions -- Legibility.
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(1) (a) Unless otherwise provided, documents presented for recording in the office of the
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county recorder shall:
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(i) be originals; and
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(ii) contain a brief caption stating the nature of the document.
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(b) If a document is a master form, as defined in Section
57-3-201
, the caption required
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by Subsection (1)(a)(ii) shall state that the document is a master form.
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(2) Documents presented for recording shall also be sufficiently legible for the recorder
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to make certified copies.
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(3) (a) A document which is of record in the office of the appropriate county recorder in
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compliance with this chapter, may not be recorded again in that same county recorder's office
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unless the original document has been reexecuted by all parties who executed the document.
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Unless exempt by statute, original documents which are reexecuted must also contain the
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appropriate acknowledgment, proof of execution, jurat or other notarial certification for all parties
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who are reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act,
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and Title 57, Chapter 2, Acknowledgments. Documents submitted for rerecording shall contain
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a brief statement explaining the reason for rerecording.
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(b) A county recorder may refuse to accept a document for rerecording if that document
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does not conform to the requirements of this section.
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(c) Subsection (3) of this section applies only to documents executed after July 1, 1998.
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(4) [Documents of record in the office of a county recorder, containing minor] Minor
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typographical or clerical errors[,] in a document of record may be [augmented, amended, or]
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corrected by the recording of an [affidavit or other] appropriate instrument.
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Section 4.
Section
57-9-5
is amended to read:
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57-9-5. Notice of claim of interest -- Contents -- Filing for record.
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[To] In order to be effective and to be [entitled to record] recorded, the notice [referred to
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above] required by Section
57-9-4
shall contain [an accurate and full] a legal description of all land
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affected by [such] the notice [which description shall be set forth in particular terms and not by
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general inclusions; but if]. If the claim is founded upon a recorded instrument, then the description
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in the notice may be the same as that contained in the recorded instrument. The notice shall be
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[filed for record in the registry of deeds of] recorded in the county or counties where the land
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described [therein] is situated. [The recorder of each county shall accept all such notices presented
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to him which describe land located in the county in which he serves and shall enter and record full
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copies thereof in the same way that deeds and other instruments are recorded and each recorder
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shall be entitled to charge the same fees for the recording thereof as are charged for recording
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deeds. In indexing the notices in his office each recorder shall enter the notices under the grantee
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indexes of deeds under the names of the claimants appearing in the notices. Such notices shall also
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be indexed under the description of the real estate involved in a book set apart for that purpose to
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be known as the "Notice Index."]
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Section 5.
Section
75-7-409
is amended to read:
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75-7-409. Recitals when title to real property is in trustee -- Failure.
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(1) When title to real property is granted to a person as trustee, the terms of the trust may
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be given either:
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(a) in the deed of transfer; or
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(b) in an instrument signed by the grantor and recorded in the same office as the grant to
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the trustee.
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(2) If the terms of the trust are not made public as required in Subsection (1), a conveyance
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from the trustee is absolute in favor of purchasers for value who take the property without notice
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of the terms of the trust.
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(3) The terms of the trust recited in the deed of transfer or the instrument recorded under
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Subsection (1)(b) shall include:
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(a) the name of the trustee;
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(b) the address of the trustee; and
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(c) the name and date of the trust.
Legislative Review Note
as of 1-31-00 5:54 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.