Utah § 61-2c-404 Civil actions.

Utah Statutes

§ 61-2c-404 — Civil actions.

Utah § 61-2c-404

Title 61Securities Division - Real Estate Division

Ch. 61-2cUtah Residential Mortgage Practices and Licensing Act

Part 61-2c-4Enforcement

This text of Utah § 61-2c-404 (Civil actions.) 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. § 61-2c-404 (2026).

Text

(1)(1)(a) A person who violates this chapter is liable for an additional penalty, as determined by the court, of at least the amount the person received in consequence of a violation of this chapter as:

(1)(a)(i) commission;

(1)(a)(ii) compensation; or

(1)(a)(iii) profit.

(1)(b) A person aggrieved by a violation of this chapter may:

(1)(b)(i) bring an action for a penalty described in Subsection (1)(a); and

(1)(b)(ii) use a penalty obtained under Subsection (1)(a) for the person's own use and benefit.

(2)A person who is not licensed under this chapter at the time of an act or service that requires a license under this chapter may not bring an action in court for the recovery of a commission, fee, or compensation for that act or service.

(3)(3)(a) A mortgage loan originator may not bring

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(1) (1)(a) A person who violates this chapter is liable for an additional penalty, as determined by the court, of at least the amount the person received in consequence of a violation of this chapter as:
(1)(a)(i) commission;
(1)(a)(ii) compensation; or
(1)(a)(iii) profit.
(1)(b) A person aggrieved by a violation of this chapter may:
(1)(b)(i) bring an action for a penalty described in Subsection (1)(a); and
(1)(b)(ii) use a penalty obtained under Subsection (1)(a) for the person's own use and benefit.
(2) A person who is not licensed under this chapter at the time of an act or service that requires a license under this chapter may not bring an action in court for the recovery of a commission, fee, or compensation for that act or service.
(3) (3)(a) A mortgage loan originator may not bring an action in the mortgage loan originator's own name for the recovery of a fee, commission, or compensation for transacting the business of residential mortgage loans unless the action is brought against the entity by which the mortgage loan originator is sponsored at the time of the act or service that is the subject of the action.
(3)(b) An action by an entity for the recovery of a fee, commission, or other compensation shall be brought by:
(3)(b)(i) an entity; or
(3)(b)(ii) the principal lending manager of an entity on behalf of the entity.
(4) A principal lending manager who transacts the business of residential mortgage loans on the principal lending manager's own behalf may sue in the principal lending manager's own name for the recovery of a fee, commission, or compensation for transacting the business of residential mortgage loans.