(1) A trust is created only if: (a) the settlor has capacity to create a trust, which standard of capacity shall be the same as for a person to create a will;. This page explains what a residential foreclosure is, the steps involved in the process, and where to get help.Do borrowers have the right to loan modification before foreclosure? Ascent Law explains borrowers' rights and options in preventing foreclosure. The Trust Deed was recorded in Salt Lake County, Utah, on. In Utah there is no express requirement for the power of sale language to actually be in the trust deed. Fill in the blank form formatted to comply with all recording and content requirements. Do not fill in any information on the Deed of Trust. Trust, then no Highway Use Tax would be due. The borrower then signs a deed of trust that gives the lender a security interest in the borrower's real property.