State Foreclosure Law

Utah Foreclosure Laws

Utah is a non-judicial foreclosure state — the primary path uses the trust deed power of sale under the Trust Deed Act (Utah Code § 57-1-19 et seq.). After a non-judicial trust deed foreclosure, § 57-1-32 lets the lender sue for a deficiency only within three months of the sale…

Process
Non-Judicial
Out of court, under a power of sale §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
Varies by year
Must file to claim: declaration of homestead filed with the county recorder, or served on the officer conducting an execution before the time stated in the notice of execution · the rule §
Deficiency Judgment
Limited
Allowed (with limitations) §
26 source pages cited · Last checked Mar 10, 2026
Not legal advice. This page provides general information about Utah foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Utah-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Utah foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
Utah Code § 57-1-19 et seq. Trust Deed Act — Non-Judicial Foreclosure Primary framework for non-judicial trustee's sale of trust deeds in Utah. Establishes requirements for the trust deed, trustee appointment, Notice of Default, Notice of Sale, trustee's sale procedures, and deficiency actions after a trustee's sale.
Utah Code § 57-1-24 Notice of Default — Filing and Service Requires the trustee to file a Notice of Default (NOD) with the county recorder and mail a copy to the trustor (borrower). The NOD starts the 3-month cure period. The borrower has 3 months from the date the NOD is recorded to cure the default.
Utah Code § 57-1-31 Three-Month Reinstatement Period Establishes the 3-month reinstatement (cure) period after the Notice of Default is recorded. During this period, the borrower may pay all amounts due plus costs to reinstate the trust deed and stop the foreclosure process.
Utah Code §§ 57-1-25, 57-1-26 Notice of Sale Requirements After the 3-month cure period expires without reinstatement, the trustee may issue a Notice of Sale. The Notice of Sale must be published, posted, and mailed. The last newspaper publication must be at least 10 but not more than 30 days before the sale, the notice must be published online for 30 days before the sale, and posting and mailing must be at least 20 days before the sale.
Utah Code §§ 57-1-25, 57-1-27 Trustee's Sale Procedures Governs the conduct of the trustee's sale. Sale is by public auction at the time and place in the Notice of Sale, which must be at a courthouse serving the county where the property is located. The lender may credit bid. The trustee issues a trustee's deed to the highest bidder.
Utah Code § 57-1-32 Deficiency Action After a Trustee's Sale Allows the lender to sue for the balance still owed within three months after a trustee's sale. The court must find the property's fair market value at the date of sale, and the judgment cannot exceed the amount by which the debt, with interest, costs, and trustee's and attorney's fees, exceeds that fair market value. For judicial foreclosure, the court clerk dockets a judgment for any balance left after the sale (Utah Code § 78B-6-902).
Utah Code § 78B-5-503 Homestead Exemption Establishes a homestead exemption for Utah residents, set at $42,000 for a primary residence in 2019 and adjusted for inflation each year by the State Auditor. Protects that amount of equity in the homeowner's primary residence from forced sale by judgment creditors. Does NOT protect against mortgage or trust deed foreclosure.
Utah Code § 57-1-21 Trustee Qualifications Establishes qualifications for trustees of trust deeds. Only a trustee who is an active Utah State Bar member (or a law firm employing one) with an office in Utah, or a licensed title insurance company or agency with a bona fide office in Utah, may exercise the power of sale and conduct a non-judicial foreclosure sale.

Utah Foreclosure Process and Your Rights

Utah uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: You have 3 months from the date the Notice of Default is recorded to cure the default and reinstate the trust deed. If the trustee receives your written request for a reinstatement statement at least 10 business days before the 3 months end but provides the statement more than five business days after receiving it, the time to reinstate is paused from the date of your request until the statement is provided. You must pay all past-due amounts, late fees, trustee fees, and costs. §
  • After the sale: No post-sale redemption for non-judicial trustee's sale. For judicial foreclosure only, the property may be redeemed within 180 days after the sale (Utah R. Civ. P. 69C; Utah Code § 78B-6-906). §
  • Homestead exemption: Varies by year. The statute set $42,000 for a primary residence for May 14 through December 31, 2019, and the State Auditor recalculates that amount for inflation each year and publishes it on its website. Protects that amount of equity in your primary residence from judgment creditors. Does NOT stop mortgage or trust deed foreclosure. §
  • Mediation: Utah does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Utah foreclosure guide →

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Special Foreclosure Types in Utah

Beyond the standard non-judicial foreclosure process, Utah law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
HOA and COA assessment liens may be foreclosed in Utah under the Community Association Act (Utah Code § 57-8a-301 et seq.) and the Condominium Ownership Act (Utah Code § 57-8-44). §
The association has a lien for unpaid assessments that can be foreclosed.
Tax Lien Foreclosure
Property tax liens have priority over mortgage liens in Utah. Counties hold annual tax sales in May or June for properties delinquent on property taxes. §
The property can be redeemed at any time before the tax sale, which is held after four years from the date the taxes became delinquent, by paying all delinquent taxes, tax notice charges, interest, penalties, and administrative costs.

Lien Priority in Utah

Generally first in time, first in right. Utah recording statutes govern lien priority.

HOA/COA liens do not have super-lien priority over first mortgages in Utah. Mechanics' lien priority in Utah relates back to the date of first visible work (Utah Code § 38-1a-502), which can sometimes affect mortgage priority in new construction. Consult a local attorney for specific lien priority questions.

Statute of Limitations in Utah

Mortgage Foreclosure
6 years §
A trust deed must be enforced, by filing a foreclosure action or recording a notice of default, within the time allowed for a lawsuit on the debt it secures (Utah Code § 57-1-34). For a debt based on a written contract, that period is generally 6 years (Utah Code § 78B-2-309).
Written Contracts
6 years §
Promissory Note
6 years §
Deficiency Judgment
Varies §
After a trustee's sale, a lender can sue for a deficiency within 3 months after the sale (Utah Code § 57-1-32). After a judicial foreclosure sale, execution may be issued for any balance the sale does not cover (Utah Code § 78B-6-902). Consult a local attorney.

Probate & Inheritance in Utah

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Utah law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
Foreclosure must be served on the estate or personal representative of a deceased borrower.
Heir Protections
Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.
Executor Reinstatement Rights
The executor or personal representative may reinstate the mortgage by curing the default.
Garn-St. Germain Act
Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.
Uniform Partition of Heirs Property Act (UPHPA)
Not adopted in this state.

Consumer Protection & Compliance in Utah

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Utah.

UDAP Statute
Utah Consumer Sales Practices Act §
Prohibits deceptive and unconscionable sales practices.
Foreclosure Rescue Fraud Laws
Utah Code § 61-2f-401 et seq. regulates foreclosure consultants.
Prohibits upfront fees, taking property interests, and deceptive promises. Enforced by Utah Division of Real Estate. Additional protection under the Utah Consumer Sales Practices Act.
Attorney Advertising Rules
Utah Rules of Professional Conduct govern attorney advertising and solicitation.
Lead Generation Restrictions
Utah Code § 61-2f-401 et seq. regulates foreclosure consultants and prohibits deceptive practices including upfront fees.
Barratry
Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.
Utah professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Utah

  • ⚖
    Utah Legal Services
    Free civil legal services for low-income Utah residents, including housing and foreclosure defense.
    utahlegalservices.org →
  • ⚖
    Legal Aid Society of Salt Lake
    Free legal services for low-income residents of Salt Lake County. Housing and foreclosure cases accepted.
    legalaidsocietyofsaltlake.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Utah. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Utah →
  • 📞
    HUD Housing Counseling Hotline
    Free foreclosure prevention counseling.
    1-800-569-4287 →
  • 📞
    Utah Legal Services
    Free legal assistance for low-income Utah residents statewide.
    1-800-662-4245 →
  • 📞
    Utah Housing Corporation (UHC)
    State housing programs and mortgage assistance referrals.
    801-902-8200 →
  • 📞
    Utah Attorney General Consumer Protection
    Report mortgage fraud and consumer protection violations.
    801-366-0260 →
  • 📞
    Utah 2-1-1
    Statewide referral service for housing, utility, and social service assistance.
    2-1-1 →
  • 📋
    Utah State Bar Lawyer Referral Service
    State bar lawyer referral service.
    utahbar.org →
  • 🎓
    Utah Pro Bono Initiative / And Justice for All
    Coordinates pro bono legal representation through the Utah State Bar and legal aid organizations. Provides free legal help to qualifying low-income Utahns.
    andjusticeforall.org →

Find Help in Utah

We maintain a verified directory of free and low-cost help providers in Utah. All are government-approved or federally funded.

7 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 40 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 46 Debtor education providers Required post-filing debtor education courses

Browse all 94 providers in Utah →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Utah.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Utah Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Utah homeowners:

Foreclosure Filings
National trend
National foreclosure filings. Utah mainly uses non-judicial foreclosure (trustee's sales outside court).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in Utah? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in Utah

General information, not legal advice.

🛟
Free help also exists in Utah: the HUD Housing Counseling Hotline at 1-800-569-4287, or a HUD-approved housing counselor at no cost.