Summary of Utah's Foreclosure Laws

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

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

Time to respond

Before starting the foreclosure, foreclosing party must mail a notice of intent to file a notice of default the borrower. Foreclosing party must record notice of default at least three months before the sale and mail it to the homeowner within ten 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 ten days but not more than 30 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

Not available for nonjudicial foreclosures

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 state National Guard. 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. § 78B-6-802

Foreclosure statutes

Utah Code Ann. §§ 57-1-19, 78B-6-901

Talk to a Lawyer

Start here to find foreclosure lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Connect with local attorneys
LA-NOLO5:DRU.1.6.5.20141111.29342