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 — always confirm current statute text and consult a Utah-licensed attorney for advice specific to your situation.
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
Mediation
Utah does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.
Free Legal 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. Can help with loan modification applications, mediation preparation, and understanding your options.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 — your rights, your options, and what to do at each stage. They apply in every state, including Utah.
Facing Foreclosure?
Overview of the process, your options, and where to get free help
How to Stop Foreclosure
Steps you can take today — 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?
What to do if you've missed a payment or know you'll miss one soon
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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If you're facing foreclosure in Utah, free help is available right now. Call the HUD Housing Counseling Hotline at 1-800-569-4287 or find a HUD-approved housing counselor near you at no cost.