UNDERWRITING Q&A: I have a property that is being sold, encumbered or purchased by a trust. Is there an alternative in Utah for requiring a copy of the trust agreement? (UT)

A.  Yes.  A certification of trust statement from a trustee pursuant to UCA 75-7-1013.  The statute states that in lieu of furnishing a copy of the trust instrument to a person (other than a beneficiary of the trust) the trustee may furnish a certification of trust that contains specific information about the trust.  The certification must state a) that the trust currently exists and the date that the trust was executed, b) the identity of the trust settlor, c) the identity and address of the trustee currently acting, d) the powers of the trustee related to the pending transaction, e) whether the trust is revocable or irrevocable and the identity of any person holding the power to revoke the trust, f) the authority of co-trustees to sign or otherwise authenticate and whether all or less than all trustees must join to exercise the powers of the trustee, g) the name in which title to trust property may be taken, and h) a statement that the trust has not been revoked, modified or amended in any manner that would cause the representations in the certification of trust to be incorrect. 

The certification of trust may be signed or otherwise authenticated by any trustee.  We recommend that it be acknowledged by jurat.  The statute protects any person (title entity in our case) who acts in reliance upon a certification of trust without having knowledge that the statements in the certification are incorrect. 

It is very common in Utah for parties to title real property in a trust.  Feel free to reach out to your FNTI underwriter for questions about real property owned by a trust.