How Foreclosure Works in Utah

Both, but most Utah foreclosures are nonjudicial. A trustee under a trust deed has a power of sale and can sell the home without a court case (a "trustee sale"); at the lender's option, a trust deed can instead be foreclosed in court like a mortgage. According to the Utah State Courts, most foreclosures in Utah are done without a court case.

Before a notice of default is recorded on an owner-occupied home, the lender or servicer must designate a single point of contact and mail the homeowner a written notice of its intent to file a notice of default, stating the default, the itemized amount needed to cure it, and a cure date at least 30 days after the notice is sent. The trustee then records a notice of default with the county recorder and mails copies within 10 days to people who requested notice. After at least three months, the trustee gives notice of sale by publishing it in a newspaper at least once a week for three consecutive weeks (the last publication 10 to 30 days before the sale) and as required by Utah Code § 45-1-101 for 30 days before the sale, posting it on the property and at the county recorder's office at least 20 days before the sale, and mailing it to people who requested notice.

Minimums set by statute: the pre-default notice gives at least 30 days to cure before a notice of default is filed; at least three months must pass after the notice of default is recorded before notice of sale is given; and the notice of sale must be posted at least 20 days before the sale. The sale is held between 8 a.m. and 5 p.m. at a courthouse serving the county where the property is located.

Yes. In a trustee sale, the homeowner (or a junior lienholder) may reinstate the loan at any time within three months after the notice of default is recorded by paying the amount then in default (not the accelerated balance), plus allowed costs and fees. Before the notice of default, the servicer's pre-default notice must give at least 30 days to cure.