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UTAH STATUTES AND CODES

70D-1-102 - Definitions.

70D-1-102. Definitions.
As used in this title:
(1) "Commissioner" means the commissioner of the department.
(2) "Department" means the Department of Financial Institutions.
(3) "Depository institution" is as defined in Section 7-1-103.
(4) "Dwelling" means a residential structure attached to real property that contains one tofour units including any of the following if used as a residence:
(a) a condominium unit;
(b) a cooperative unit;
(c) a manufactured home; or
(d) a house.
(5) "Mortgage" means a mortgage or deed of trust affecting real property located in thisstate.
(6) (a) "Mortgage loan" means a loan:
(i) secured by a mortgage; and
(ii) made for personal, family, or household purposes.
(b) "Mortgage loan" does not include a loan:
(i) made by an individual to a member of the individual's family; or
(ii) subject to Title 70C, Utah Consumer Credit Code.
(7) "Mortgagor" means a person who:
(a) executes a mortgage; or
(b) is obligated to pay a mortgage loan.
(8) "Record" means information that is:
(a) inscribed on a tangible medium; or
(b) stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Real estate brokerage activity" means an act that involves offering or providing realestate brokerage services to the public, including:
(a) acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee ofreal property;
(b) bringing together parties interested in the sale, purchase, lease, rental, or exchange ofreal property;
(c) negotiating, on behalf of a party, a portion of a contract relating to the sale, purchase,lease, rental, or exchange of real property, other than in connection with providing financing withrespect to the transaction;
(d) engaging in an act for which a person engaged in the activity is required to beregistered or licensed as a real estate agent or real estate broker under applicable law; and
(e) offering to engage in an activity, or act in a capacity, described in Subsections (9)(a)through (d).
(10) "State" means:
(a) a state, territory, or possession of the United States;
(b) the District of Columbia; or
(c) the Commonwealth of Puerto Rico.

Renumbered and Amended by Chapter 72, 2009 General Session

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