Title 78B - Judicial Code - Chapter 21 - Uniform Commercial Real Estate Receivership Act - Section 104 - Scope -- Exclusions.


Published: 2017-05-09

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Utah Code

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Effective 5/9/2017 78B-21-104 Scope -- Exclusions. (1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to a receivership for

an interest in real property and any personal property related to or used in operating the real property.

(2) This chapter does not apply to a receivership for an interest in real property improved by one to four dwelling units unless:

(a) the interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence;

(b) the interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;

(c) the owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business; or

(d) the owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.

(3) This chapter does not apply to a receivership authorized by law of this state other than this chapter in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit.

(4) This chapter does not limit the authority of a court to appoint a receiver under other state law. (5) Unless displaced by a particular provision of this chapter, the principles of law and equity

supplement this chapter.

Enacted by Chapter 431, 2017 General Session