A mortgage of real property may not be considered a conveyance which would enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Utah Code § 78B-6-1310
Mortgage not considered a conveyance -- Foreclosure necessary
Applied in 2 court decisions — leading case 185 Wash. 2d 876 - Jordan v. Nationstar Mortgage, LLC (2016)
Most recently applied in 185 Wash. 2d 876 - Jordan v. Nationstar Mortgage, LLC (July 2016)
Renumbered and Amended by Chapter 3, 2008 General Session
Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.