How does foreclosure work in Utah, and how long does it take?

Two kinds of foreclosure

Nonjudicial (the usual case). A trust deed conveys the property to a trustee as security for the loan. Under § 57-1-23, a qualified trustee has the power of sale, which “may be exercised by the trustee without express provision for it in the trust deed.” The trustee must be an active Utah State Bar member (or a firm that employs one), a bank or insurance company, a trust company, a title insurance company, a federal agency, or a Farm Credit entity (§ 57-1-21).

Judicial. The lender may instead foreclose the trust deed “in the manner provided by law for the foreclosure of mortgages” (§ 57-1-23). A mortgage foreclosure is a court case. The judgment orders the sale of the property, and the sheriff sells it under the rules for sales on execution (§ 78B-6-901).

The steps, in order

1. Missed payments. Under federal servicing rules, “your servicer can’t start the foreclosure process until at least 120 days after you become delinquent on your loan,” except in rare cases (CFPB).
2. Notice of default. The trustee records it with the county recorder. It states the breach and the election to sell (§ 57-1-24(1)). A copy goes by certified mail within 10 days to anyone who recorded a request for notice (§ 57-1-26(2)).
3. Three months. The sale may not go forward until “not less than three months has elapsed” since the notice of default was recorded (§ 57-1-24(2)).
4. Notice of sale. The trustee publishes it in a newspaper once a week for three consecutive weeks, the last time 10 to 30 days before the sale, and online for 30 days. It is also posted on the property and at the county recorder’s office at least 20 days before the sale (§ 57-1-25(1)).
5. The sale. A public auction to the highest bidder, between 8 a.m. and 5 p.m., at a courthouse serving the county (§ 57-1-25(2)). A postponement of up to 45 days needs no new notice (§ 57-1-27).
6. Trustee’s deed. Within five business days after payment, the trustee signs and submits the deed for recording (§ 57-1-28).

How long does it take?

Example (a legal minimum, not a forecast): a Salt Lake City homeowner misses the payment due March 1, 2026. The loan is 120 days delinquent on June 29, 2026. If the trustee records the notice of default on July 1, 2026, three months run out on October 1, 2026. Notices of sale started that day (posting, three weekly newspaper runs and 30 days online) allow an auction no earlier than about October 31, 2026, roughly eight months after the first missed payment. A loan modification application, a bankruptcy filing or a postponement can push it later.

Can you stop it? Reinstatement

The borrower, a successor owner or a junior lienholder can “at any time within three months of the filing for record of notice of default” pay what is due, with costs and fees, and reinstate the loan “as if no acceleration had occurred” (§ 57-1-31). This statutory right runs in the same three-month window that must pass before a sale. After that, ask your servicer what it will accept.

Can you get the house back after the sale?

Not after a trustee’s sale. The trustee’s deed conveys the title “without right of redemption” (§ 57-1-28(3)).

A court foreclosure is different. Sales under a mortgage foreclosure judgment “are subject to redemption as in case of sales under executions generally” (§ 78B-6-906). The length of that redemption period and the redemption price come from the Utah Rules of Civil Procedure on execution sales (Rule 69C). I could not open that rule on the court’s website for this article, so read it or ask the court clerk before relying on any deadline.

Deficiency judgments

If the sale brings in less than the debt, the lender may sue for the balance, but only “within three months after” the trustee’s sale (§ 57-1-32). The complaint must state the debt, the sale price and the home’s fair market value on the sale date. The court finds that value itself and may not award more than the amount by which the debt, with interest, costs and trustee’s and attorney’s fees, exceeds the fair market value. The prevailing party can collect costs and reasonable attorney fees. After a court foreclosure sale, execution may issue for any balance (§ 78B-6-902).

Any surplus goes to the person legally entitled to it, or to the district court clerk (§ 57-1-29).

Tenants in a foreclosed rental

Utah’s required notice to tenants says that after a sale, “you may be allowed under federal law to continue to occupy your rental unit until your rental agreement expires, or until 90 days after the date you are served with a notice to vacate, whichever is later” (§ 57-1-25(3)(b)). Rent keeps being due.

Where to get help

• HUD-approved housing counselors: HUD “funds free or very low-cost housing counseling nationwide.” Call (800) 569-4287, or the Homeowners Hope Hotline at (888) 995-HOPE.
• Apply to your servicer early: the CFPB says to make sure the servicer receives your complete application “more than 37 days before your scheduled foreclosure sale.”
• Beware of “foreclosure rescue”: Utah licensing law covers anyone who, for compensation, represents that an act “will assist a borrower in preventing a foreclosure” and involves transferring title to the home (§ 61-2f-102). Acting as a principal broker, which includes foreclosure rescue, requires a Utah real estate license (§ 61-2f-201). Check the license with the Division of Real Estate. HUD warns against any firm that promises to stop foreclosure right away, and never to sign a legal document you do not understand.

Related: selling your home, property tax and the escrow account.