Section 57-1-23.5 - Civil liability for unauthorized person who exercises power of sale(1) As used in this section: (a) "Unauthorized person" means a person who does not qualify as a trustee under Subsection 57-1-21(1)(a)(i) or (iv).(b) "Unauthorized sale" means the exercise of a power of sale by an unauthorized person.(2)(a) An unauthorized person who conducts an unauthorized sale is liable to the trustor for the actual damages suffered by the trustor as a result of the unauthorized sale or $2,000, whichever is greater.(b) In an action under Subsection (2)(a), the court shall award a prevailing plaintiff the plaintiff's costs and attorney fees.Enacted by Chapter 228, 2011, 2011 General Session.