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(1) As used in this section:
(a) “Unauthorized person” means a person who does not qualify as a trustee under Subsection 57-1-21(1)(a)(i) or (iv).
(b) “Unauthorized sale” means the exercise of a power of sale by an unauthorized person.
(2)(a) An unauthorized person who conducts an unauthorized sale is liable to the trustor for the actual damages suffered by the trustor as a result of the unauthorized sale or $2,000, whichever is greater.
(b) In an action under Subsection (2)(a), the court shall award a prevailing plaintiff the plaintiff's costs and attorney fees.
Cite this article: FindLaw.com - Utah Code Title 57. Real Estate § 57-1-23.5. Civil liability for unauthorized person who exercises power of sale - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-57-real-estate/ut-code-sect-57-1-23-5/
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