Utah § 57-1-23.5 - Civil liability for unauthorized person who exercises power of sale.

Full text of Utah Utah Code § 57-1-23.5 — Civil liability for unauthorized person who exercises power of sale., with citation guidance and answers to common questions.

§ 57-1-23.5. Civil liability for unauthorized person who exercises power of sale.

57-1-23.5.  Civil liability for unauthorized person who exercises power of sale.
(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.


Enacted by Chapter 228, 2011 General Session

Source: official Utah text · Last verified 2026-08-27

Frequently Asked Questions About Utah § 57-1-23.5

What does Utah Code § 57-1-23.5 cover?

Section 57-1-23.5 ("Civil liability for unauthorized person who exercises power of sale.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 57-1-23.5?

A common citation format is "Utah Code § 57-1-23.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 57-1-23.5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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