Utah § 57-1-42 - Liability of title insurer or title agent.

Full text of Utah Utah Code § 57-1-42 — Liability of title insurer or title agent., with citation guidance and answers to common questions.

§ 57-1-42. Liability of title insurer or title agent.

57-1-42.  Liability of title insurer or title agent.
     A title insurer or title agent purporting to act under the provisions of Section 57-1-40 who reconveys a trust deed or releases a mortgage is liable to the beneficiary or mortgagee for the damages suffered as a result of the reconveyance if:
(1) the obligation secured by the trust deed or mortgage:
(a) has not been fully paid; or
(b) has not been partially paid in an amount agreed to by the beneficiary, mortgagee, or servicer as sufficient to release the mortgage or reconvey the trust deed; and
(2)
(a) the title insurer or title agent failed to comply with the provisions of Sections 57-1-40 and 57-1-41; or
(b) the title insurer or title agent acted with gross negligence or in bad faith in reconveying the trust deed.


Amended by Chapter 403, 2013 General Session

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

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Frequently Asked Questions About Utah § 57-1-42

What does Utah Code § 57-1-42 cover?

Section 57-1-42 ("Liability of title insurer or title agent.") 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 § 57-1-42?

A common citation format is "Utah Code § 57-1-42" (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 § 57-1-42 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

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.