§ 75-2b-107. Purchaser for value or lender.  


Latest version.
  • (1) If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property, takes the purchaser or lender's interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.
    (2) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser or lender's interest in the property free of any rights of the surviving spouse.
    (3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.
    (4) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
Enacted by Chapter 132, 2012 General Session