§ 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 to four 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 this state.

(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 real estate brokerage services to the public, including:

(a) acting as a real estate principal broker, associate broker, or sales agent, as defined in Section 61-2f-102, for a buyer, seller, lessor, or lessee of real property;

(b) bringing together parties interested in the sale, purchase, lease, rental, or exchange of real 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 with respect to the transaction;

(d) engaging in an act for which a person engaged in the activity is required to be registered 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.

Amended by Chapter 289, 2011 General Session