A third-party acquirer in bad faith may claim payment for:
(a) The amount paid to the trustee for the assets insofar as the trust would have received benefit or such third-party acquirer would have satisfied any lien on such assets; and
(b) expenses incurred by such acquirer for the repair of such assets and the improvements that may have increased their value, insofar as such acquirer was unaware of the trustee’s breach of trust.
The beneficiary shall encumber the assets, or the proceeds of their disposition, to guarantee they can be reclaimed.
History —Aug. 31, 2012, No. 219, § 57.