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.).
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
13 cited
31 needs check
3 gaps
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.
For a step-by-step guide to options and resources, see the Utah Foreclosure Guide →
On this page
- 01 Governing statutes
- 02 Foreclosure process
- 03 Homeowner protections
- 04 Mediation
- 05 Alternatives & financial assistance
- 06 Post-sale proceedings
- 07 Special foreclosure types
- 08 Lien priority
- 09 Statute of limitations
- 10 Probate & inheritance
- 11 Consumer protection & compliance
- 12 Legal aid & pro bono resources
- 13 Find help in Utah
- 14 National foreclosure guides
- 15 Utah distress data
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 anti-deficiency protections. |
| 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 § 57-1-25 | 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 § 57-1-26 | 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. Sale must occur at least 20 days after the last publication. |
| Utah Code § 57-1-27 | Trustee's Sale Procedures | Governs the conduct of the trustee's sale. Sale is by public auction at the county courthouse or another location specified in the Notice of Sale. The lender may credit bid. The trustee issues a trustee's deed to the highest bidder. |
| Utah Code § 57-1-32 | Anti-Deficiency Protection for Non-Judicial Trust Deed Foreclosure | Bars deficiency judgments after non-judicial foreclosure of trust deeds. When property is sold through the trustee's sale process, the lender cannot pursue the borrower for the difference between the sale price and the outstanding debt. For judicial foreclosure, deficiency is allowed with a fair market value credit. |
| Utah Code § 78B-5-503 | Homestead Exemption | Establishes a $44,600 homestead exemption for Utah residents. 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 § 57-1-21.5 | Trustee Qualifications | Establishes qualifications for trustees who conduct non-judicial foreclosure sales. The trustee must be a member of the Utah State Bar, a title insurance company, or a bank or trust company authorized to do business in Utah. |
Non-Judicial Foreclosure Process
Awaiting verification1
Default and Federal 120-Day Waiting Period
At least 120 days after first payment delinquency
Federal law requires your servicer to wait at least 120 days after the first missed payment before starting foreclosure. During this time, the servicer must try to contact you and review you for loss mitigation options. Utah's own 3-month cure period begins after the Notice of Default is recorded, which adds substantial additional time.
2
Notice of Default (NOD) Recorded and Mailed
Recorded and mailed; starts the 3-month cure period
The trustee files a Notice of Default with the county recorder in the county where the property is located and mails a copy to the trustor (borrower) by certified mail. The NOD must identify the trust deed, describe the default, and state the amount required to cure. The recording of the NOD starts the mandatory 3-month cure period.
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Defense opportunity: If the trustee fails to properly record or mail the NOD, you may challenge the foreclosure in court.
3
Three-Month Cure (Reinstatement) Period
3 months (approximately 90 days) from NOD recording
You have 3 months from the date the Notice of Default is recorded to cure the default. To cure, you must pay all past-due payments, late fees, trustee fees, and costs. If you cure within 3 months, the NOD is voided and the foreclosure stops. This is one of the more generous cure periods among non-judicial states.
§
4
Notice of Sale Published, Posted, and Mailed
Published once/week for 3 weeks; sale at least 20 days after first publication
If you do not cure within 3 months, the trustee issues a Notice of Sale. The notice must be published once a week for 3 consecutive weeks in a newspaper of general circulation in each county where the property is located. It must also be posted on the property and at the county courthouse, and mailed to the borrower. The sale must be at least 20 days after the first publication.
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Defense opportunity: If the trustee fails to provide proper notice (wrong property description, insufficient publication, failure to post or mail), you may challenge the sale in court.
5
Trustee's Sale
On the advertised sale date; typically 120-150 days after NOD recording
The trustee holds a public auction at the county courthouse or at the location specified in the Notice of Sale. The lender can credit bid up to the full outstanding debt without paying cash. Third-party bidders must pay in cash or certified funds. The highest bidder receives a trustee's deed. There is NO post-sale redemption right after a non-judicial foreclosure in Utah.
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Defense opportunity: You can challenge the sale if the trustee did not comply with notice requirements, if there was fraud or unfairness, or if the sale price was grossly inadequate.
6
Trustee's Deed Recorded and Possession
Immediately after sale; eviction proceedings 3-6 weeks if needed
The trustee records the deed, transferring title to the purchaser. There is no post-sale redemption right for non-judicial foreclosure in Utah — the sale is final. If you do not leave voluntarily, the buyer can file for eviction. The anti-deficiency protection under Utah Code § 57-1-32 means the lender cannot pursue you for any remaining balance after the sale.
Judicial Foreclosure Process
Awaiting verification1
Complaint Filed in District Court
After 120-day federal delinquency requirement is met
Lender files a foreclosure complaint in the district court of the county where the property is located. Names all parties with an interest in the property. Requests foreclosure judgment, court-ordered sale, and potentially a deficiency judgment.
2
Service, Answer, Judgment, and Court-Ordered Sale
6-12 months from complaint filing in typical uncontested case
Defendants are served; borrower has 21 days to answer. Court enters foreclosure judgment (default or after hearing). Property is advertised and sold at public auction under court supervision (sheriff's sale). Sale is confirmed by the court.
3
Post-Sale Redemption Period
6 months after judicial sale
After judicial foreclosure, you have a 6-month right of redemption. During this period, you can redeem the property by paying the sale price plus costs. This redemption period does NOT apply to non-judicial foreclosure under the Trust Deed Act.
Homeowner Protections
Awaiting verificationHomestead Exemption
$44,600. Protects up to $44,600 of equity in your primary residence from judgment creditors. Does NOT stop mortgage or trust deed foreclosure.
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Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
prohibited_for_nonjudicial
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Utah's anti-deficiency protection under Utah Code § 57-1-32 is STRONG for non-judicial foreclosures. When property is sold through the trustee's sale process under the Trust Deed Act, no deficiency judgment may be obtained.
Right of Redemption
No post-sale redemption for non-judicial trustee's sale.
Pre-sale reinstatement available. 3 months from NOD recording (reinstatement).
Right to Cure
You have 3 months from the date the Notice of Default is recorded to cure the default and reinstate the trust deed
All arrears, late charges, trustee fees, and costs to reinstate; full accelerated balance to satisfy after 3-month cure period expires
Foreclosure Mediation in Utah
Utah does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.
Alternatives & Financial Assistance
Utah law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements. Loan modification programs exist at both the federal and state level.
Utah's Utah HAF / Utah Homeowner Assistance Fund (Winding down; check current availability with UHC) received Approximately $50 million from federal American Rescue Plan Act (2021) in federal funding. Program details: utahhousingcorp.org.
For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the Utah Foreclosure Guide.
Post-Sale Proceedings Under Utah Law
After a foreclosure sale in Utah, the new owner must provide written notice before initiating eviction proceedings.
Surplus fund rights after a Utah foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.
For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the Utah Foreclosure Guide.
Special Foreclosure Types in Utah
Beyond the standard judicial and non-judicial foreclosure process, Utah law addresses several specialized foreclosure categories.
HOA & Condo Association Foreclosure
Available under state law.
Tax Lien Foreclosure
See details.
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
Written Contracts
6
Promissory Note
6
Deficiency Judgment
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.
Automatic Stay on Death
No automatic stay. Foreclosure may proceed 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.
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.
Uniform Home Protection 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
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Prohibits deceptive and unconscionable sales practices.
Foreclosure Rescue Fraud Laws
Specific foreclosure rescue fraud statute exists.
Utah Code § 61-2f-401 et seq.
Attorney Advertising Rules
Utah Rules of Professional Conduct govern attorney advertising and solicitation.
Lead Generation Restrictions
Utah Code § 61-2f-401 et seq.
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 ServicesFree civil legal services for low-income Utah residents, including housing and foreclosure defense.utahlegalservices.org →
- Legal Aid Society of Salt LakeFree legal services for low-income residents of Salt Lake County. Housing and foreclosure cases accepted.legalaidsocietyofsaltlake.org →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in Utah. Services include loan modification applications, mediation preparation, and loss mitigation guidance.Find a counselor in Utah →
- Utah Housing Corporation (UHC)State housing programs, HAF assistance, and mortgage assistance referrals.801-902-8200 →
- Utah Attorney General Consumer ProtectionReport mortgage fraud and consumer protection violations.801-366-0260 →
- Utah Pro Bono Initiative / And Justice for AllCoordinates 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.
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
Utah has both judicial and non-judicial foreclosure processes.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.
See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026
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Free help is available for homeowners facing foreclosure in Utah. Contact the HUD Housing Counseling Hotline at 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.