Title 57, Title 57: Real Estate

57-26-105. Recordation -- Perfection of security interest in rents -- Priority of conflicting interests in rents. (1) A document creating an assignment of rents may be submitted for recording in the office of the county recorder for the county in which the property is situated in…

57-26-106. Enforcement of security interest in rents. (1) An assignee may enforce an assignment of rents using one or more of the methods specified in Sections,, andor any other method sufficient to enforce the assignment under law of this state other than this chapter. 57-26-107…

57-26-107. Enforcement by appointment of receiver. (1) An assignee is entitled to the appointment of a receiver for the real property subject to the assignment of rents if: the assignor is in default and: the assignor has agreed in a signed document to the appointment of a receiv…

57-26-108. Enforcement by notification to assignor. (1) Upon the assignor's default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect u…

57-26-109. Enforcement by notification to tenant. (1) Upon the assignor's default, or as otherwise agreed by the assignor, the assignee may give to a tenant of the real property a notification demanding that the tenant pay to the assignee all unpaid accrued rents and all unaccrue…

57-26-110. Notification to tenant -- Form. No particular phrasing is required for the notification specified in Section. However, the following form of notification, when properly completed, is sufficient to satisfy the requirements of Section:Tenant: ____________________________…

57-26-111. Effect of enforcement. The enforcement of an assignment of rents by one or more of the methods identified in Sections,, and, the application of proceeds by the assignee under Sectionafter enforcement, the payment of expenses under Section, or an action under Subsection…

57-26-112. Application of proceeds. Unless otherwise agreed, an assignee that collects rents under this chapter or collects upon a judgment in an action under Subsectionshall apply the sums collected in the following order to: (1) the assignee's reasonable expenses of enforcing i…

57-26-113. Application of proceeds to expenses of protecting real property -- Claims and defenses of tenant. (1) Unless otherwise agreed by the assignee, and subject to Subsection, an assignee that collects rents following enforcement under Sectionorneed not apply them to the pay…

57-26-114. Turnover of rents -- Commingling and identifiability of rents -- Liability of assignor. (1) In this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. (2) If an assignor collects rents that the assignee is…

57-26-115. Perfection and priority of assignee's security interest in proceeds. (1) In this section: "Article 9" means, or, to the extent applicable to any particular issue, Article 9 as adopted by the state whose laws govern that issue under the choice-of-laws rules contained in…

57-26-116. Priority subject to subordination. This chapter does not preclude subordination by agreement as to rents or proceeds.

57-26-117. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

57-26-118. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit, or supersede Section…

57-26-119. Application to existing relationships. (1) Except as otherwise provided in this section, this chapter governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was sig…