Utah Statutes
§ 57-1-42 — Liability of title insurer or title agent.
Utah § 57-1-42
This text of Utah § 57-1-42 (Liability of title insurer or title agent.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Utah Code Ann. § 57-1-42 (2026).
Text
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:
(1)(a) has not been fully paid; or
(1)(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)(2)(a) the title insurer or title agent failed to comply with the provisions of Sections 57-1-40 and 57-1-41; or
(2)(b) the title insurer or title agent acted with gross negligence or in bad faith in reconveying the trust deed.
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Legislative History
Amended by Chapter 403, 2013 General Session
Nearby Sections
15
§ 57-1-1
Definitions.§ 57-1-10
After-acquired title passes.§ 57-1-12
Form of warranty deed -- Effect.§ 57-1-12.5
Form of special warranty deed -- Effect.§ 57-1-13
Form of quitclaim deed.§ 57-1-14
Form of mortgage -- Effect.§ 57-1-19
Trust deeds -- Definitions of terms.Cite This Page — Counsel Stack
Bluebook (online)
Utah § 57-1-42, Counsel Stack Legal Research, https://law.counselstack.com/statute/ut/57-1-42.