Utah Foreclosure Law

Timeline: Varies

Redemption: Yes

Deficiency Judgments: Yes

Judicial Foreclosure: Yes, although not common

Non-Judicial Foreclosure: Yes

Security Instruments: Deed of Trust, Mortgage

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Utah foreclosure law allows lenders to pursue either Non-Judicial or Judicial Foreclosure procedures. The Judicial Foreclosure process is followed if there is no “power of sale” clause in the original mortgage documents. In the Judicial Foreclosure process, the lender must file a complaint against the defaulted borrower in a court located in the same county the property is located in. The borrower will then be given a set period of time in which to cure the default. If the borrower can not satisfy the default, a decree of sale must be issued by the court before the foreclosure can move forward.

If the original loan documents contain a “power of sale” clause authorizing the lender to sell the property in the event of a default, the lender can proceed with a Non-Judicial Foreclosure. If the clause specifies the time, place, and terms of the sale, then those details must be adhered to.

The sale process in Utah begins with the notice of sale being published in a generally circulated newspaper for three (3) consecutive weeks. The final publication must be at least ten (10) days and at most than thirty (30) days before the sale. A copy of the notice must be posted on the property and at the county recorder's office. The public postings must be done no less than twenty (20) days before the sale.

Sales in Utah take place between 8:00 AM and 4:00 PM .

The borrower may be granted a right to redeem the property and the length of the redemption period is determined by the court on a case by case basis. There is no set length of time for the redemption period.

A deficiency judgment may be pursued by the lender, and if granted one by the court, the property may be seized by the lender until the borrower has paid the difference between the sale price and the loan balance due.