Recitals when title to real property is in trust -- Failure.

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  • (1) When title to real property is granted to a person as trustee, the terms of the trust may be given either:
    • (a) in the deed of transfer; or
    • (b) in an instrument signed by the grantor and recorded in the same office as the grant to the trustee.
  • (2) If the terms of the trust are not made public as required in Subsection (1), a conveyance from the trustee is absolute in favor of purchasers for value who take the property without notice of the terms of the trust.
  • (3) The terms of the trust recited in the deed of transfer or the instrument recorded under Subsection (1)(b) shall include:
    • (a) the name of the trustee;
    • (b) the address of the trustee; and
    • (c) the name and date of the trust.
  • (4) Any real property titled in a trust which has a restriction on transfer described in Section 25-6-502 shall include in the title the words "asset protection trust."




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