R255-30-403. Name Discrepancies -- Grantor is Trust -- Recording of Documents With Discrepancies Between Property Record Owner and the Grantor -- Signature Line -- Notary Acknowledgement or Jurat

(1) A county recorder may accept a document presented for recording where: (a) the name of each trustee, the name of the trust, and the date of the trust exactly match in the following sections of the document: (i) as record owner; (ii) as trustee; and (iii) in the notary acknowledgement or jurat; and (b) meets one of the following requirements: (i) the notary printed or typed the name of executing party trustee on the notary acknowledgement or jurat in a way that does not exactly match the party's name as printed or typed in the document but substantially uses one of the following formats: (A) "_______ (here insert name of the executing party trustee as printed or typed by notary) also known as _______ (here insert name of executing party trustee exactly as printed or typed in the document), Trustee of the ________ (here insert name of trust) Trust, dated _________(here insert trust's execution date)"; or (B) "_______ (here insert name of the executing party trustee as printed or typed by notary) a.k.a. _______ (here insert name of executing party trustee exactly as printed or typed in the document), Trustee of the ________ (here insert name of trust) Trust, dated _________(here insert trust's execution date)"; or (ii) an executing party trustee has not signed exactly the way the party's name is printed or typed in the document if the party presents satisfactory evidence of identity. (2)(a) Where the grantor is a trust and the name of a trustee does not exactly match the name of the trustee of record due to a change in the trustee's name, the county recorder may accept the document where the current or correct name of the trustee: (i) exactly matches the name of the trustee as printed or typed in the grantor signature block; and (ii) includes: (A) language clarifying that the trustee of record had a name change; and (B) the trustee's former name. (b) A grantor section that is substantially written in one of the following formats shall satisfy the requirements of Subsection R255-30-403(2)(a)(ii): (i) "_______ (here insert trustee's current name), formerly known as _______ (here insert trustee's former name), Trustee of the ________ (here insert trust name) Trust, dated _________(here insert trust's execution date)"; or (ii) "_______ (here insert trustee's current name), f.k.a. _______ (here insert trustee's former name), Trustee of the ________ (here insert trust name) Trust, dated _________(here insert trust's execution date)". (3)(a) Where the grantor is a trust and the name of a trustee does not exactly match the name of the trustee of record due to an error in the trustee's name in a previous document, the county recorder may accept the document where the current or correct name of the trustee: (i) exactly matches the name of the trustee as printed or typed in the grantor signature block; and (ii) includes: (A) language clarifying that there was an error of the trustee's name in a previous document; and (B) the trustee's former name. (b) A grantor section that is substantially written in one of the following formats shall satisfy the requirements of Subsection R255-30-403(3)(a)(ii): (i) "_______ (here insert trustee's correct name), who acquired title as _______ (here insert trustee's erroneous name on the previous document), Trustee of the ________ (here insert trust name) Trust, dated _________(here insert trust's execution date)"; or (ii) "________ (here insert trustee's correct name), who erroneously acquired title as _________ (here insert trustee's erroneous name on the previous document), Trustee of the ________ (here insert trust name) Trust, dated _________(here insert trust's execution date)". (4) Under Subsection 75B-2-814(3)(c), if the trust of record document is missing the date the trust was executed and the conveying document of record was recorded: (a) on or before May 11, 2010, then the county recorder may accept the document; or (b) after May 11, 2010, the county recorder shall reject the document and leave the grantor as the record owner on the document. (5)(a) Where the grantor is a trust, the document may include an additional date for an amendment or restatement in the grantor section, grantor signature block, or notary section of the document. (b) A document that substantially uses one of the following formats shall satisfy Subsection R255-30-403(5)(a): (i) where the trust has been amended: "_________ (here insert trustee's name) Trustee of the (here insert trust's name) Trust, dated _________ (here insert date of trust), amended (here insert date trust was amended)"; or (ii) where the trust has been restated: "_________ (here insert trustee's name) Trustee of the (here insert trust's name) Trust, dated _________ (here insert date of trust), restated (here insert date trust was restated)".