Utah Foreclosure Law

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Utah Foreclosure Laws

Typical Utah Foreclosure Time Frame – Typical Utah foreclosure times vary greatly depending upon circumstances.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – Yes

Types of Security Instruments – Mortgage and Deed of Trust

Right of Redemption Period – Varies from case to case

Utah foreclosure laws provide lenders with the possibility of both judicial and non-judicial foreclosure proceedings.  In a judicial foreclosure the mortgage contract does not include a power of sale stipulation or clause that pre-authorizes the lender to foreclose on the property.  In a non-judicial foreclosure, the borrower has pre-authorized the lender by signing the power of sale clause.

In a judicial foreclosure in Utah, the lender is required to sue the borrower in court in the county in which the property is located.  The courts will order a specific amount of time for the borrower to correct the default.  If the borrower does not correct the default then the court will order a Decree of Sale and the property will be sold.

In a non-judicial foreclosure, the lender is required to follow the guidelines and terms set forth in the power of sale clause.  In the event that the power of sale clause does not give specific terms to use, Utah foreclosure law provides the guidelines to be followed.

Under Utah foreclosure law, the lender is required to publish a notice of sale a minimum of one a week for a period of no less than three consecutive weeks in the public newspaper in the area where the property is located.  The final publication is to occur no sooner than 30 days before the sale, and no later than 10 days before the sale.  A copy of the notice is also required to be filed at the county recorder’s office; additionally a copy must be posted on the property itself.

The public posting on the property is required to be posted no later than 20 days before the date of the sale.  The notice is required to list the exact time, date, and location of the sale.  In addition, the sale must occur between the hours of 8 a.m. and 4 p.m.

According to Utah foreclosure law, borrowers are given rights of redemption, however this time is set forth by the courts, and under certain circumstances can be extended greatly beyond what is originally ordered.

In addition, lenders are granted the right to deficiency judgments.  The lender is also granted under Utah foreclosure law the right to seize and retain any property the borrower owns until the deficiency is paid.

For more information on Utah foreclosure laws click here.


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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.