If you are facing foreclosure in Utah, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in Utah
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of Utah foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Nonjudicial: under power of sale in deed of trust|
|Time to respond||Foreclosing party must record notice of default at least three months before the sale and mail it to the homeowner within 10 days of recording. At least three months after the recording, the foreclosing party must publish a notice of sale three times; the last date of publication must be at least 10 days before the sale. The notice of sale must also be posted on the property at least 20 days before the sale.|
|Reinstatement of loan before sale||Available up to three months after notice of default is recorded. Utah Code Ann. § 57-1-31|
|Redemption after sale||None for nonjudicial foreclosures|
|Special protections for foreclosures involving high-cost mortgages||None|
|Special state protections for service members||Utah Code Ann. §§ 39-7-101 to 39-7-119|
|Deficiency judgments||May be obtained in a separate lawsuit within three months after the sale; the amount is limited by the property’s fair market value.|
|Cash exempted in bankruptcy||None|
|Notice to leave after house is sold||New owner must give former owner a five-day notice to quit (leave) and then file eviction (unlawful detainer) lawsuit. Utah Code Ann. § 78-36-3|
|Foreclosure statutes||Utah Code Ann. §§ 57-1-19, 78B-6-901|