Summary of Utah's Foreclosure Laws

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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.

Topic

State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Notice of the foreclosure

Foreclosing party must mail a notice of intent to file a notice of default to the borrower giving 30 days to cure the default. Foreclosing party then records a notice of default at least three months before giving notice of sale and mails copy to the borrower within ten days of recording. At least three months after the notice of default is recorded, the foreclosing party publishes a notice of sale in a newspaper for three weeks; the last date of publication must be at least ten days but not more than 30 days before the sale. The notice of sale must also be posted on the property and mailed to the borrower at least 20 days before the sale.

Reinstatement of loan before sale

Available for three months after notice of default is recorded.

Redemption after sale

Not available after a nonjudicial foreclosure

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

Utah law extends protections similar to the federal Servicemembers Civil Relief Act to National Guard members serving full-time with a recognized military unit called into service by the governor for at least 30 days. Utah Code Ann. §§ 39-7-102, 39-7-115

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

If the homeowner doesn't vacate the home after the sale, the purchaser must give the foreclosed homeowner a notice to quit (leave) before initiating an eviction action.

Foreclosure statutes

Utah Code Ann. §§ 57-1-19 through 57-1-34; 78B-6-901 through 78B-6-906

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