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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not:
(a) make the mortgagee a mortgagee in possession of the real property;
(b) make the mortgagee an agent of the owner;
(c) constitute an election of remedies that precludes a later action to enforce the secured obligation;
(d) make the secured obligation unenforceable;
(e) limit any right available to the mortgagee with respect to the secured obligation;
(f) constitute an action within the meaning of Section 78B-6-901; or
(g) except as otherwise provided in Subsection (2), bar a deficiency judgment pursuant to law of this state other than this chapter governing or relating to a deficiency judgment.
(2) If a receiver sells receivership property that pursuant to Subsection 78B-21-116(3) is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to law of the state other than this chapter relating to a deficiency judgment.
Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-21-125. Effect of enforcement by mortgagee - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-21-125/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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