Successor Trustees Appointment By Beneficiary Effect Substitution Of Trustee Recording Form

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Utah Code
Superseded 5/10/2016
57-1-22 Successor trustees -- Appointment by beneficiary -- Effect -- Substitution of trustee
-- Recording -- Form.
(1)
(a) The beneficiary may appoint a successor trustee at any time by filing for record in the office
of the county recorder of each county in which the trust property or some part of the trust
property is situated, a substitution of trustee.
(b) The new trustee shall succeed to all the power, duties, authority, and title of the trustee
named in the deed of trust and of any successor trustee.
(c) The beneficiary may, by express provision in the substitution of trustee, ratify and confirm
action taken on the beneficiary's behalf by the new trustee prior to the recording of the
substitution of trustee.
(2) A substitution of trustee shall:
(a) identify the trust deed by stating:
(i) the names of the original parties to the trust deed;
(ii) the date of recordation; and
(iii)
(A) the book and page where the trust deed is recorded; or
(B) the entry number;
(b) include the legal description of the trust property;
(c) state the name and address of the new trustee; and
(d) be executed and acknowledged by all of the beneficiaries under the trust deed or their
successors in interest.
(3)
(a) If not previously recorded at the time of recording a notice of default, the successor trustee
shall file for record, in the office of the county recorder of each county in which the trust
property or some part of it is situated, the substitution of trustee.
(b) A copy of the substitution of trustee shall be sent in the manner provided in Subsection
57-1-26(2) to any:
(i) person who requests a copy of any notice of default or notice of sale under Subsection
57-1-26(1)(a); and
(ii) person who is a party to the trust deed to whom a copy of a notice of default would be
required to be mailed by Subsection 57-1-26(3).
(4) A substitution of trustee shall be in substantially the following form:
Substitution of Trustee
(insert name and address of new trustee)
is hereby appointed successor trustee under the trust deed executed by ____
as trustor, in which ____ is named beneficiary and ____ as trustee, and filed for record
__________(month\day\year), and recorded in Book ____, Page ____, Records of ____
County, (or filed for record __________(month\day\year), with recorder's entry No. ____, ____
County), Utah.
(Insert legal description)
Signature_____________________________
(Certificate of Acknowledgment)
(5)
(a) A trustee of a trust deed may, in accordance with this Subsection (5), resign as trustee by
filing for record in the office of the recorder of each county in which the trust property is
located, a resignation of trustee.
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