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Utah Foreclosure Statute Laws

 

Judicial and non-judicial foreclosure is available in Utah.  Primary service instruments are deed of trust and mortgage. The timeline for foreclosure in Utah varies by process.  Right of Redemption and deficiency judgments are allowed.

            In Utah, lenders may foreclose on a mortgage in default by using the judicial foreclosure process.

Judicial Foreclosure
The judicial foreclosure process is one in which the lender must file a complaint against the borrower and obtain a decree of sale from a court having jurisdiction in the county where the property is located before foreclosure proceedings can begin.
Generally, if the court finds the borrower in default, they will give them a set period of time to pay the delinquent amount, plus costs.
If the borrower does not pay within the set period of time, the court will then order the property to be sold in the manner of normal execution sales.
 
Power of Sale Foreclosure Guidelines: 

  1. A notice of sale must be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the county where the property is to be sold.
  2. The last publication must be at least ten (10) days but not more than thirty (30) days before the date of sale is scheduled.
  3. The notice of sale must also be posted, at least twenty (20) days before the date of sale is scheduled, in some conspicuous place on the property to be sold and at the office of the county recorder of each county in which the property is located.
  4. The place of sale must be clearly advertised in the notice of sale and the sale must be held between the hours of 8 am and 5 pm.
  5. Borrowers do have a right of redemption in Utah, but the court may extend the redemption time past the time allowed in regular judgments so there is no set length of time.
  6. It is possible to obtain a deficiency judgment against the borrower for the difference between the amount the borrower owed on the original loan and the foreclosure sale price and the lender may be able to seize the property until the differing amount is paid.

 

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