In Utah, lenders may foreclose on a property through either judicial or non-judicial foreclosure. Judicial foreclosure requires the lender to file a complaint and obtain a court order to sell the property. Non-judicial foreclosure follows a power of sale process outlined in the deed of trust, requiring notices of sale be published and posted. The borrower has a right of redemption after foreclosure, and lenders can pursue deficiency judgments for unpaid amounts following a foreclosure sale.

1. HOME
Utah Foreclosure Law Summary
WHAT IS A SHORT SALE
Quick Facts
WHY USE SHORT SALE US
- Judicial Foreclosure Available: Yes
SUCCESS STORIES
- Non-Judicial Foreclosure Available: Yes
WHO QUALIFIES FOR A SHORT SALE
- Primary Security Instrument: Deed of Trust, Mortgage
FAQs
- Timeline: Varies
SHORT SALE NEWS
- Right of Redemption: Yes
VALUE YOUR HOME
- Deficiency Judgments Allowed: Yes
STATE FORCLOSURE LAWS
In Utah, lenders may foreclose on a mortgage in default by using the judicial
CONTACT US foreclosure process.
HIRE US Judicial Foreclosure
The judicial foreclosure process is one in which the lender must file a
complaint against the borrower and obtain a decree of sale from a court
having jurisdiction in the county where the property is located before
foreclosure proceedings can begin. Generally, if the court finds the borrower in
default, they will give them a set period of time to pay the delinquent amount,
plus costs. If the borrower does not pay within the set period of time, the court
will then order the property to be sold in the manner of normal execution
sales.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause
exists in a mortgage or deed of trust. A "power of sale" clause is the clause in
a deed of trust or mortgage, in which the borrower pre-authorizes the sale of
property to pay off the balance on a loan in the event of the their default. In
deeds of trust or mortgages where a power of sale exists, the power given to
the lender to sell the property may be executed by the lender or their
representative, typically referred to as the trustee. Regulations for this type of
foreclosure process are outlined below in the "Power of Sale Foreclosure
Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies
the time, place and terms of sale, then the specified procedure must be
followed. Otherwise, the non-judicial power of sale foreclosure is carried out
as follows:
A notice of sale must be published once a week for three (3) consecutive
weeks in a newspaper of general circulation in the county where the property

2. is to be sold. The last publication must be at least ten (10) days but not more
than thirty (30) days before the date of sale is scheduled.
The notice of sale must also be posted, at least twenty (20) days before the
date of sale is scheduled, in some conspicuous place on the property to be
sold and at the office of the county recorder of each county in which the
property is located.
The place of sale must be clearly advertised in the notice of sale and the sale
must be held between the hours of 8 am and 5 pm.
Borrowers do have a right of redemption in Utah, but the court may extend the
redemption time past the time allowed in regular judgments so there is no set
length of time.
It is possible to obtain a deficiency judgment against the borrower for the
difference between the amount the borrower owed on the original loan and the
foreclosure sale price and the lender may be able to seize the property until
the differing amount is paid.
Privacy Policy
For more information on your state's Foreclosure Laws please click the link below: Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut |
Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota |
Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma |
Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | Washington DC | West Virginia |
Wisconsin | Wyoming
Short Sale US © 2008