Foreclosure Laws for Utah

This page provides details about foreclosure law designed to help users look after their own legal needs. But legal information is not the same as legal advice. The application of foreclosure law to your specific situation should be approached with caution and perhaps some legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. Click here to speak with a Loss Mitigation Specialist familiar with your area.

Utah

When you develop a definite plan of action with well-timed, well-informed steps, you can stop the foreclosure process and save your home. We have outlined the foreclosure process for the state of Utah.

Judicial Foreclosure Available: Yes
Non-judicial Foreclosure Available : No

Utah recognizes judicial foreclosure. There may be but one action for recovery of the debt or any foreclosure sale.

Procedure

The lender must file a lawsuit seeking foreclosure. If the court finds there has been a default, it may order the foreclosure sale to proceed. The court will also adjudge the amount due on the defaulted loan. The sheriff will conduct the sale under court order in the same manner as normal execution sales. The sheriff will publish notices and conduct a public sale. Any surplus from the sale will go to the person who is owed the money, by court order, or stay on deposit with the court until it decides how to distribute it.

Special Procedures

The borrower may be restrained by a court injunction from injuring the real property during the foreclosure of the mortgage or during a foreclosure execution sale.

Deficiency

Utah allows deficiency judgments. If the foreclosure sale proceeds are insufficient to pay off the loan balance to the lender, then execution may be issued by the court after the sale to seize property until the debt is repaid.

Redemption

Utah recognizes a right of redemption after the sale in the same way as for regular judgments. However, a Utah court sitting in equity may extend the time for redemption so there is no set length of time.

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