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Foreclosure Evaluation & Ebook

  • Evaluate Your Situation (Form Below)

    Not many people know how to find the right solutions for their problem. This process will save time and answer many of your questions.

  • Explore All Possible Options

    After the evaluation, you will understand every possible option available for your exact situation. No more searching or worrying about finding a solution.

  • Avoid Further Loss or Judgments

    Regardless of what option you choose, our process takes every possible precaution to help you avoid further losses or deficiency judgments.

  • Recovery From Foreclosure

    Regardless of whether you keep your home, or walk away, we will take steps to help your credit and start the financial recovery.

  • Full Support & Accountability

    We take the problems of our visitors very seriously. We know your financial future is at risk and we pledge our full support to help you through these tough times.

Utah Foreclosure Laws

Expected Timeline: Four to five months
Security Instrument: Mortgage or Deed of Trust. Deed of trust most common.
Type of Process: Judicial or nonjudicial. Nonjudicial most commonly used.
Protections for Servicemembers: Utah Code Ann. § 39-7-101 to 39-7-119
Time to Respond: Notice of default must be recorded at least three months before sale date. Notice must be mailed to homeowners within ten days of recording. Notice of sale must be published at least three times at least three months after notice of default is recorded. Last publication must be at least ten days before sheriff sale. Notice of sale must also be posted on property at least twenty days before auction date.
Reinstatement Period: Homeowners may reinstate up to three months after notice of default is recorded.
Protections for High-Cost Mortgages: None.
Redemption Period: Redemption is allowed up to 180 days after sheriff sale date.
Eviction Process: Former owners must receive a five day notice to quit property. New owner may then file eviction lawsuit.
Deficiency Judgments: Allowed if brought in separate lawsuit after foreclosure auction. Amount is limited by fair market value of property.
Limits on Deficiency Judgments: Action to pursue deficiency judgment must be made within three months of the sale date. Any judgment is limited to difference between the debt owed, including fees and charges on the account, and the fair market value.
Cash Exempted in Bankruptcy: None.
State Statutes: Utah Code Ann. § 57-1-19, 78-37-1, Utah R. Civ. Pr. 69(i),(j)

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.

State Website: www.le.state.ut.us