Utah Foreclosure Timeline and Laws

Utah Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.

Foreclosures in Utah are conducted by non-judicial foreclosure. Foreclosures may also be conducted by judicial foreclosure when there is no power of sale contained in the deed of trust.

Notice Requirements for Foreclosure in Utah

Prior to initiating a foreclosure, the lender must file a notice of default containing the date, time and place of sale, description of the default, the lender’s election to sell and recording information from the deed of trust in the county where the property is located, send the borrower and interested parties a copy, and publish the notice at least once a week for three 3 consecutive weeks in a newspaper of general circulation in the county. A notice of sale must be recorded and published at least 30 days prior to the sale.  

The notice of default must contain the date, time and place of sale, a description of the default, the lender's election to sell, and the recording information from the deed of trust.

Utah Deficiency and Anti-Deficiency Laws

The lender may obtain a deficiency judgment if the property is sold at a public sale for less than the loan amount.

Utah Redemption Rights

The court decides the redemption period in judicial foreclosures.

Utah Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• Utah Foreclosure Avoidance Counseling -HUD
• The Home Affordable Mortgage Modification Program
• The Home Affordable Refinance Program
• The Home Affordable Foreclosure Alternatives Program
• FHA Secure
• Hope for Homeowners

Foreclosure Lawyer

It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.