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House approves trustee‑duty and foreclosure disclosure changes in HB44 first substitute
Summary
Representative Clark described amendment #4 to House Bill 44 to clarify trustee duties, require a trustee office in Utah for foreclosure convenience, limit on‑site evening sales, and require itemized disclosure of foreclosure costs; the House passed the first substitute 69–0 and sent it to the Senate.
Representative Clark moved amendment number 4 to the first substitute of House Bill 44 and summarized the measure's three main aims: clarify trustee duties in foreclosure, require a bona fide office within Utah (rather than a residency requirement struck down by the courts), and mandate an itemized disclosure of foreclosure costs so debtors can evaluate remedies.
Clark explained the amendment replaces a prior residency requirement (which a district court had struck down) with an office requirement the judge identified as a less restrictive, constitutionally acceptable alternative. He described moving sale locations from private residences and evening hours back to courthouse business hours and requiring trustees to post an in‑state address and phone number and provide an itemization of foreclosure costs to allow debtors an opportunity to cure or question charges.
Representative Biskupski questioned whether the amendments changed the legislative review note; Clark said they did not. Clark referenced a court ruling from the previous summer and said he had included language reflecting the judge's guidance to avoid the constitutional problem. After floor debate and questions, the first substitute to House Bill 44 was put to a vote and passed the House with a tally the chair announced as 69 yes, 0 no; the bill was referred to the Senate for further consideration.
The changes address procedural protections for debtors during foreclosure and attempt to incorporate judicial guidance to withstand constitutional challenge.
