Secure Debt Shall Forget In Utah

State:
Multi-State
Control #:
US-00181
Format:
Word; 
Rich Text
Instant download

Description

The Land Deed of Trust is a legal document utilized in Utah to secure a debt, which enables a lender (Secured Party) to secure promissory notes, future advances, and other obligations from a borrower (Debtor). The form outlines the process for securing the property as collateral against the debtor's indebtedness and stipulates the terms for repayment. It includes provisions for insurance, maintenance, and the management of property in the event of a default. The document emphasizes that if the Debtor fails to meet their obligations, the Secured Party can foreclose on the property to recover the owed amounts. Key instructions involve accurately filling out the debtor's information and specifying the amounts owed. This form serves crucial purposes for attorneys, partners, owners, associates, paralegals, and legal assistants by providing a clear legal structure for securing debts and is particularly relevant in real estate transactions and financing scenarios. It helps professionals ensure compliance with legal standards while protecting the interests of lenders and providing recourse in cases of default.
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FAQ

In Utah, the statute of limitations for any signed written contract, obligation, or liability is six years. For unwritten (verbal) contracts, obligations, or liabilities, the statute of limitation for an unpaid debt expires after four years.

Subject to Subsection (2), if a judgment is entered against a debtor, the office may issue an administrative garnishment order against the debtor's personal property, including wages, in the possession of a party other than the debtor in the same manner and with the same effect as if the order was a writ of garnishment ...

Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.

In order to win a court case, a debt collector must prove that they have proper ownership of the debt, that you actually owe the debt, and that the amount they claim you owe is correct.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

The statute of limitations for renewing a judgment is 8 years from the date of the judgment. Utah Code Section 78B-2-311. The judgment creditor can renew the judgment, but must do so before the statute of limitations expires.

Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.

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Secure Debt Shall Forget In Utah