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