34 terms

Every word in the deal, in one sentence.

Plain-English definitions of the terms you'll see in a Utah seller-financed sale. Where Utah law adds a specific rule, the second line says so and cites it.
A
AFR / imputed interest

The AFR is the federal minimum rate; charge less and part of each payment may be treated as interest.

A note below the applicable federal rate can have interest imputed for tax purposes (26 U.S.C. §§ 1274, 483; Rev. Proc. 2025-32). September 2026 annual AFRs are 4.18% short-term, 4.49% mid-term, and 5.12% long-term (Rev. Rul. 2026-17).

See also: Installment sale, Promissory note

All-inclusive trust deed

A trust deed securing a note whose balance includes the seller's existing underlying loan.

Utah's state-approved All Inclusive Trust Deed form is dated October 1, 1983 (All Inclusive Trust Deed (state-approved form, Oct. 1, 1983)), and no Utah statute specifically regulates AITDs (Utah Code Title 57, Chapter 1). The underlying loan's due-on-sale clause still applies (12 U.S.C. § 1701j-3(d)).

See also: Wraparound mortgage, Trust deed, Due-on-sale clause

Amortization

Paying a loan down over time with scheduled payments that cover both interest and principal.

Under the state Seller Financing Addendum, the seller gives the buyer an amortization schedule, total interest, and APR (Seller Financing Addendum § 2.1).

See also: Balloon payment, Promissory note

B
Balloon payment

A large final payment that pays off the remaining balance before the loan fully amortizes.

The federal one-property exclusion permits a balloon (12 CFR § 1026.36(a)(5)). The three-property exclusion requires full amortization, so no balloon (12 CFR § 1026.36(a)(4)).

See also: Amortization, Dodd-Frank seller-financer exclusion

Beneficiary

The lender under a trust deed, which in seller financing is usually the seller.

See also: Trustor, Trustee, Trust deed

C
Contract for deed

A sale where the seller keeps legal title until the buyer finishes paying the price.

No Utah statute governs contract-for-deed forfeiture; the law comes from court decisions and the contract itself (Utah Code Title 57, Chapter 1). A buyer should record the contract or a memorandum of it (Utah Code § 57-3-103).

See also: Uniform Real Estate Contract, Forfeiture

D
Deficiency

The amount still owed when a foreclosure sale brings in less than the debt.

In Utah, a deficiency action after a trustee's sale must be filed within three months and is capped by the property's fair market value at the sale date (Utah Code § 57-1-32).

See also: Trustee's sale, Notice of default

Dodd-Frank seller-financer exclusion

Federal Reg Z rules that keep a qualifying seller out of the loan-originator definition.

The three-property exclusion requires full amortization and an ability-to-repay check (12 CFR § 1026.36(a)(4)). The one-property exclusion covers a natural person, estate, or trust and permits a balloon (12 CFR § 1026.36(a)(5)).

See also: SAFE Act, RMLO, Balloon payment

Due-on-sale clause

A loan term that lets the lender demand full payment when the property is transferred.

Federal law lets a lender enforce it (12 U.S.C. § 1701j-3(b)(1)). Wraps, subject-to transfers, and contracts for deed are not on the exemption list (12 U.S.C. § 1701j-3(d)).

See also: Garn-St Germain, Subject-to, Wraparound mortgage

E
Escrow

A neutral third party holding money, documents, or ongoing payments until agreed conditions are met.

Utah's Department of Financial Institutions registers independent escrow agents; its own example is a private seller hiring a third party to receive buyer payments (Utah Code Title 7, Chapter 22 (Independent Escrow Agents)).

See also: Servicer

F
Forfeiture

A contract-for-deed remedy where a defaulting buyer loses the property and the payments made.

Utah courts refuse to enforce a forfeiture so excessive that enforcing it would shock the conscience (Jensen v. Nielsen, 26 Utah 2d 96, 485 P.2d 673 (1971)).

See also: Contract for deed, Uniform Real Estate Contract

G
Garn-St Germain

The federal law that lets lenders enforce due-on-sale clauses and lists the exempt transfers.

Exempt transfers on homes of fewer than five units include transfers to a spouse or children and certain trust transfers (12 U.S.C. § 1701j-3(d)). Wraps and subject-to transfers are not exempt (12 U.S.C. § 1701j-3(d)).

See also: Due-on-sale clause

I
Installment sale

A sale where at least one payment arrives after the tax year of the sale.

Under the installment method, gain is reported as payments arrive, with depreciation recapture in the year of sale (26 U.S.C. § 453; IRS Pub. 537).

See also: AFR / imputed interest

N
Notice of default

The recorded document that starts a Utah nonjudicial trust deed foreclosure.

At least three months must pass after recording before a notice of sale (Utah Code § 57-1-24). On owner-occupied homes, a written notice giving at least 30 days to cure comes first (Utah Code § 57-1-24.3).

See also: Reinstatement, Trustee's sale

Novation

An agreement that replaces the original borrower with a new one and releases the original.

A novation needs the lender's agreement, which is what separates it from a subject-to purchase. Ask an attorney how one would fit your deal.

See also: Subject-to

O
Owner financing

Another name for seller financing, where the owner lends the buyer part of the price.

See also: Seller financing, Seller-carry

P
Promissory note

The signed promise to repay a loan, stating the amount, rate, payment schedule, and due date.

Utah parties may agree on any written interest rate; without one, the legal rate is 10% a year (Utah Code § 15-1-1).

See also: Trust deed, Amortization

R
Redemption

A borrower's right to buy property back after a foreclosure sale by paying the price.

There is no redemption after a Utah trustee's sale (Utah Code § 57-1-28). After a judicial foreclosure sheriff's sale, the redemption period is 180 days (Utah R. Civ. P. 69C).

See also: Trustee's sale

Reinstatement

Curing a default by paying the past-due amount plus costs, which stops the foreclosure.

In Utah, the trustor may reinstate within three months of the notice of default, without paying accelerated principal (Utah Code § 57-1-31).

See also: Notice of default

REPC

The Real Estate Purchase Contract, the state-approved purchase agreement Utah agents use.

The current form is dated September 1, 2017 (Real Estate Purchase Contract (state-approved form, Sept. 1, 2017)).

See also: Seller Financing Addendum

RMLO

A residential mortgage loan originator, the individual license required to originate home loans commercially.

Utah exempts a seller who takes back a trust deed on the property sold (Utah Code § 61-2c-105(2)(i)).

See also: SAFE Act, Dodd-Frank seller-financer exclusion

S
SAFE Act

The federal law requiring state licensing for individuals who originate mortgage loans as a business.

Licensing applies to origination in a commercial context and done habitually or repeatedly (12 CFR § 1008.103).

See also: RMLO, Dodd-Frank seller-financer exclusion

Seasoning

How long ownership or a payment history must exist before a lender will refinance.

Seasoning rules come from lenders and loan programs, so ask a loan officer before you set a balloon date.

See also: Balloon payment

Seller financing

A sale where the seller, not a bank, lends the buyer part of the purchase price.

In Utah, the terms usually go on the state Seller Financing Addendum to the REPC (Seller Financing Addendum (state-approved form, Oct. 20, 2021)).

See also: Owner financing, Seller-carry

Seller Financing Addendum

Utah's state-approved REPC addendum for seller-financed terms, effective October 20, 2021.

Section 1 offers a Note and Deed of Trust, or a Note and All-Inclusive Deed of Trust (Seller Financing Addendum § 1). With the all-inclusive option, the seller must show within 10 days that underlying payments are current (Seller Financing Addendum § 4).

See also: REPC, All-inclusive trust deed

Seller-carry

The note a seller holds after carrying back part of the price, or the practice itself.

See also: Seller financing, Owner financing

Servicer

A company that collects payments, tracks the balance, and sends statements for a note holder.

Utah defines a servicer as a person who services and accepts payments on a mortgage loan in the regular course of business (Utah Code § 70D-2-102).

See also: Escrow

Subject-to

Taking title to a property while the seller's existing loan stays in place in the seller's name.

A subject-to transfer is not exempt from the lender's due-on-sale clause (12 U.S.C. § 1701j-3(d)).

See also: Due-on-sale clause, Wraparound mortgage, Novation

T
Trust deed

A recorded document conveying property to a trustee to secure repayment of a note.

Utah defines it as a deed conveying real property to a trustee in trust to secure an obligation (Utah Code § 57-1-19).

See also: Trustee, Beneficiary, Trustor

Trustee

The neutral party who holds a trust deed's power of sale and conducts any foreclosure sale.

In Utah, only an active Utah State Bar member with a Utah office or a licensed Utah title company may exercise the power of sale (Utah Code § 57-1-21).

See also: Trust deed, Trustee's sale

Trustee's sale

The public auction a trustee holds to sell property after a trust deed default.

A postponement longer than 45 days requires a new notice (Utah Code § 57-1-27), and the trustee's deed carries no right of redemption (Utah Code § 57-1-28).

See also: Notice of default, Redemption, Deficiency

Trustor

The borrower under a trust deed, which in seller financing is usually the buyer.

See also: Beneficiary, Trustee, Trust deed

U
Uniform Real Estate Contract

A Utah installment contract form under which the seller keeps title until the buyer pays in full.

The form dated January 1, 1987 was state-approved under a rule repealed in 2010 (former Utah Admin. Code R162-6 (repealed 2010)). It is not on the current approved-forms list (Utah Admin. Code R162-2f-401f).

See also: Contract for deed, Forfeiture

W
Wraparound mortgage

Seller financing where a new, larger note wraps around the seller's existing loan, which stays in place.

In Utah this is usually done with an all-inclusive trust deed. A wrap is not exempt from the underlying loan's due-on-sale clause (12 U.S.C. § 1701j-3(d)).

See also: All-inclusive trust deed, Subject-to, Due-on-sale clause

This site is for general information about Utah law and is not legal advice. Using it does not create an attorney-client relationship. Every transaction is different — talk to an attorney about yours. Attorney advertising.