§ 57-3-202. Recording master mortgage and trust deed -- Requirements for master form -- Indexing by county recorder.

(1)

(a) A person may record a master form in the office of the county recorder.

(b) A person who files a master form shall state in the caption required under Section 57-3-106 that the instrument is a master form.

(2) A master form is not required to:

(a) contain identification or description of any specific real property; or

(b) name a specific:

(i) mortgagor;

(ii) trustor; or

(iii) trustee.

(3) A master form shall:

(a) name a specific mortgagee or beneficiary;

(b) contain an acknowledgment, proof, or certification; and

(c) identify the person causing the recording of the master form.

(4) A county recorder shall:

(a) index a master form in the same manner as the county recorder indexes mortgages and trust deeds in accordance with Section 17-21-6; and

(b) indicate on all indices and records of the county referencing the master form that the instrument is a master form.

(5)

(a) If a county recorder receives a document for recording that contains both a master form and a mortgage or trust deed, the county recorder:

(i) is not required to:

(A) separate the master form from the mortgage or trust deed; or

(B) record the master form and the mortgage or trust deed as separate instruments; but

(ii) may separate the master form from the mortgage or trust deed and record only the master form if the unrecorded portion is clearly designated or marked as a section not recorded.

(b) A master form recorded under Subsection (5)(a), is considered as a master form under this part for purposes of the incorporation by reference of a previously recorded master form.

Enacted by Chapter 61, 1998 General Session