Utah · Utah Code §§57-1-38, 57-1-40Utah release after payoff: 90 days, and the title company's reconveyance
In Utah, a secured lender – a mortgagee, a trust deed beneficiary or another holder of a security interest in real property – or its servicer that fails to release the security interest within 90 days after receiving the final payment is liable to the owner or titleholder, or another secured lender on the property, for the greater of $1,000 or treble the actual damages caused, including the expenses of a quiet title action, plus reasonable attorney's fees and court costs (Utah Code §57-1-38(3)). It isn't liable if it has a reasonable procedure for timely releases, followed it in good faith, and missed the 90 days because of an agency or other person beyond its control (§57-1-38(4)). A lender on a revolving credit line must close the line and release the security interest when it receives payment in full from a third party in a sale or loan, together with that third party's payoff request or a written request to close the line (§57-1-38(5)). A title insurer or title agent that paid the obligation, or has satisfactory evidence it was paid, may deliver a notice of intent to release or reconvey; if within 60 days no release is recorded and no certified-mail objection arrives, it may execute and record the reconveyance or release itself (§57-1-40).
The rules
1. 90 days (§57-1-38(3))
From the final payment.
2. Penalty
Greater of $1,000 or treble damages, plus fees and costs.
3. Credit lines (§57-1-38(5))
Closed on a third party's payoff with a payoff or close request.
4. Title company (§57-1-40)
Notice of intent; after 60 days without objection, records the release.
What the TC can do
- Note the payoff date – the statutory clock runs from it or from the written request.
- Calendar a check of the county records for the recorded release.
- If it's missing, send the written request in the form the statute requires and keep proof of delivery.
Questions about Utah mortgage releases
How long does a Utah lender have to release a paid-off loan?
90 days after receiving the final payment (Utah Code §57-1-38(3)).
What does a Utah lender owe for a late release?
The greater of $1,000 or treble actual damages, plus reasonable attorney's fees and court costs – unless the safe harbor in §57-1-38(4) applies.
Can a Utah title company reconvey a trust deed?
Yes – after delivering a notice of intent and waiting 60 days without a recorded release or a certified-mail objection (§57-1-40).
Related guides
ClosingCode adds a post-closing task to confirm the seller's paid-off mortgage release was recorded, with an owner and a due date.
Start free trialSource: Utah Code §§57-1-38 and 57-1-40 (le.utah.gov, read October 26, 2026).
General information, not legal advice. Penalties are enforced in court; ask a local attorney before demanding one. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.