If you fall far enough behind on your mortgage payments in Utah, your loan servicer, on behalf of the loan owner, will start a foreclosure, most likely a nonjudicial one. Utah law sets out the specifics of the nonjudicial foreclosure process. At the end of the foreclosure process, assuming you don’t successfully fight the foreclosure or work out a way to avoid it, your home is sold to a new owner at a foreclosure sale. The sale proceeds go towards repaying the money you borrowed.
Here’s a detailed description of what usually happens in a Utah foreclosure so that you know what’s supposed to happen and what you can do if you want to try to save your home.
When Does Foreclosure Start in Utah?
If the property is the borrower’s principal residence, in most cases, federal law requires the servicer to wait until the loan is more than 120 days delinquent before officially starting the foreclosure. (12 C.F.R. § 1024.41 (2025).)
However, in some limited situations, the foreclosure can start earlier, like if you violated a due-on-sale clause or if the servicer is joining the foreclosure action of a superior or subordinate lienholder. (12 C.F.R. § 1024.41 (2025).)
The 120-day preforeclosure period is a good time to apply for loss mitigation if you want to try to avoid a foreclosure.
Preforeclosure Notice Requirement in Utah
After determining that borrower’s loan is in default, the servicer or bank must appoint single point of contact who can provide information about the foreclosure and foreclosure relief. (Utah Code § 57-1-24.3 (2025).)
The servicer or bank has to mail you (the borrower) a notice of intent to file a notice of default, which provides information including:
- the nature of the default
- the total you need to pay to cure the default
- the name, telephone number, email address, and mailing address of the single point of contact, and
- give you 30 days to get paid up on the overdue amount to cure the default and prevent the servicer from filing a notice of default. (Utah Code § 57-1-24.3 (2025).)
What Is the Utah Foreclosure Process?
Again, Utah foreclosures typically go through a nonjudicial process. Judicial foreclosures can also happen but are uncommon.
Filing a Notice of Default Starts the Foreclosure
To begin a nonjudicial foreclosure, at least three months before giving a notice of sale, the trustee records a notice of default in the county recorder’s office. (Utah Code § 57-1-24 (2025).)
The trustee then mails a copy of the notice within ten days after the recording date to anyone who requested a copy. Utah deeds of trust usually include a request for notice, so borrowers normally receive this notification during a foreclosure. (Utah Code § 57-1-26(2)(a) (2025).)
Notice of the Foreclosure Sale
If the deed of trust includes a request for notice—again, most do—the trustee mails a copy of the notice of sale to the borrower at least 20 days before the sale. (Utah Code § 57-1-26(2)(b) (2025).)
The trustee also has to publish the notice in a newspaper once a week for three weeks, and post the notice on the property at least 20 days before the sale. (Utah Code § 57-1-25 (2025).)
Options Available for Borrowers During Foreclosure
Under Utah law, you get the right to reinstate the loan during the three-month reinstatement period after the trustee records the notice of default. (Utah Code § 57-1-31 (2025).) Also, the deed of trust might provide additional time to complete a reinstatement. You can also call your loan servicer and ask if the bank will let you reinstate.
Keep in mind that you might be able to qualify for another alternative to foreclosure after applying for a loss mitigation option.
Does Utah Have a Right of Redemption After a Foreclosure Sale?
Sometimes, state law gives a foreclosed homeowner the right to redeem the home by paying off the full price paid at the sale, plus interest and costs, within a specified amount of time following a foreclosure.
In Utah, however, you don't get a right of redemption after a nonjudicial foreclosure. (Utah Code § 57-1-28(3) (2025).)
Are Deficiency Judgments Allowed in a Utah Foreclosure?
When a foreclosure sale fails to bring in enough to repay the mortgage debt, including fees and costs, the difference between the sale price and the total debt is called a “deficiency balance.” Many states allow the bank to get a judgment called a “deficiency judgment” for this sum against the borrower. But some states have anti-deficiency laws that prohibit or restrict deficiency judgments.
In Utah, the foreclosing bank can get a deficiency judgment after a nonjudicial foreclosure if it files a lawsuit within three months after the foreclosure sale. (Utah Code § 57-1-32 (2025).) But the deficiency judgment will be restricted to the lesser of:
- the borrower’s total debt, which includes interest, costs, and expenses of sale, including trustee's and attorneys' fees, minus the home’s fair market value, or
- the borrower’s total debt minus the foreclosure sale price. (Utah Code § 57-1-32 (2025).)
Talk to a Local Utah Foreclosure Lawyer
While this article provides an overview of a typical foreclosure in Utah, keep in mind that state and federal foreclosure laws are complicated, and cases can proceed differently depending on the circumstances. Also, servicers and banks sometimes make mistakes or skip steps, but most foreclosure errors go uncontested. In cases where the servicer or foreclosing bank omitted a required step, made an error, or violated state or federal foreclosure laws, you could have a defense that could force it to start the foreclosure over, or you might have leverage to work out an alternative.
If you believe your rights were violated, talk to a local foreclosure attorney or legal aid office immediately. A lawyer can give you information about different ways to fight the foreclosure in court, as well as tell you about ways to avoid foreclosure, like with a loan modification.
A HUD-approved housing counselor can also provide you with helpful information (at no cost) about various options for preventing a foreclosure.