Civil liability for unauthorized person who exercises power of sale.

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  • (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.




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