The definitions in section 38-38-100.3 apply to this article unless the context otherwise requires.
Source: L. 2007: Entire section added, p. 1845, � 24, effective January 1, 2008.
38-39-101. Effect of deed of trust to private trustee - nature of obligation secured. Any deed of trust that names any person other than a public trustee as trustee therein or that secures an obligation other than an evidence of debt shall be deemed and taken to be a mortgage for all purposes and foreclosed only as mortgages are foreclosed in and through the courts; except that any deed of trust that names a public trustee as trustee therein and secures an obligation other than an instrument evidencing a debt shall be released as provided in section 38-39-102 (5).
Source: L. 90: Entire article R&RE, p. 1675, � 3, effective October 1.
Editor's note: This section is similar to former � 38-37-101, as it existed prior to 1990.