A Utah foreclosure under a trust deed happens outside court: the trustee records a notice of default with the county recorder, waits at least three months, gives notice of a trustee's sale, then sells the home at a public auction. Federal rules usually keep the first notice from being recorded until the loan is more than 120 days delinquent, and there is no right of redemption after a Utah trustee sale. You can cure the default within three months of the notice of default, and a short sale or other option can still close before the sale date.
At a glance
| First filing allowed | After more than 120 days delinquent (12 CFR 1024.41) |
|---|---|
| Wait after notice of default | At least three months (Utah Code 57-1-24) |
| Reinstatement window | Three months from notice of default (57-1-31) |
| Redemption after trustee sale | None (57-1-28) |
| Deficiency suit deadline | Three months after the sale (57-1-32) |
How does foreclosure work in Utah?
A Utah trust deed (deed of trust) names you as trustor, the lender as beneficiary, and a trustee who holds a power of sale. After a default, the trustee can sell the home without a lawsuit, following Utah Code 57-1-24 through 57-1-28. Check your closing documents to confirm your loan uses a trust deed.
Utah also has court foreclosure, and after a court-ordered sale the property can be redeemed within 180 days (Utah Rule of Civil Procedure 69C). The trustee process below has no redemption period. Foreclosure is not the only ending: a short sale approved by your lender or a reinstatement can close first, and the choices are compared in ways to stop a foreclosure in Utah.
Utah foreclosure timeline, step by step
Before the notice of default: the 120-day rule
Federal rule 12 CFR 1024.41(f) bars a servicer from making the first foreclosure notice or filing until the loan is more than 120 days delinquent, with narrow exceptions. The servicer must also try to reach you by day 36 of delinquency and send written notice of loss mitigation options by day 45 (12 CFR 1024.39). These months are the pre-foreclosure stage.
Step 1: the notice of default is recorded
The trustee records a notice of default, stating the breach and the election to sell, with the recorder of the county where the property sits (57-1-24(1)). For a Herriman home, that is the Salt Lake County Recorder.
Step 2: copies are mailed
Within 10 days of recording, a signed copy goes by certified or registered mail to anyone who recorded a request for notice, and to parties whose request is in the trust deed (57-1-26).
Step 3: three months to reinstate
Notice of sale cannot be given until at least three months after the notice of default is recorded (57-1-24). Within those three months you can pay the entire amount then due, including costs and the trustee's and attorney's fees actually incurred, and the loan is reinstated as if no acceleration had occurred (57-1-31). The trustee must then cancel the notice of default.
Step 4: the notice of trustee's sale
The notice is published once a week for three consecutive weeks, with the last publication 10 to 30 days before the sale, and under Utah's legal-notice statute for 30 days before the sale (57-1-25). It is posted on the property and at the county recorder's office, and mailed, at least 20 days before the sale (57-1-25, 57-1-26).
Step 5: the trustee sale
The sale is a public auction to the highest bidder between 8 a.m. and 5 p.m. at a courthouse serving the county (57-1-25, 57-1-27). The lender can credit bid what it is owed (57-1-28). A postponement of more than 45 days past the original date requires a new notice (57-1-27(2)).
Step 6: the trustee's deed, with no redemption
The trustee's deed conveys the home "without right of redemption" and relates back to the sale (57-1-28(3)). After that, a short sale or reinstatement is no longer possible.
Utah foreclosure timeline at a glance
| Stage | Rule | Source |
|---|---|---|
| First filing | Loan more than 120 days delinquent | 12 CFR 1024.41(f) |
| Notice of default | Recorded with the county recorder | Utah Code 57-1-24 |
| Reinstatement | Within three months of the notice of default | 57-1-31 |
| Notice of sale | Posted and mailed at least 20 days before the sale | 57-1-25, 57-1-26 |
| Redemption | None after a trustee sale | 57-1-28 |
| Deficiency suit | Within three months after the sale | 57-1-32 |
How long does foreclosure take in Utah?
Adding the minimums gives about eight months at the earliest from the first missed payment: more than 120 days of delinquency, at least three months after the notice of default, then at least 30 days of sale notice. That is arithmetic from the rules, not a promise. Postponements and loss mitigation reviews can add time.
If you send a complete loss mitigation application before the notice of default is recorded, the servicer generally cannot start foreclosure until you are denied (and any appeal ends), reject every offer, or fail to perform under an agreement (12 CFR 1024.41(f)(2)). One sent later but more than 37 days before the sale stops the servicer from conducting the sale until the application is resolved (12 CFR 1024.41(g)). A short sale is one option the servicer can review; the short sale steps and lender package explain what to send.
Can the lender collect the shortfall after a Utah foreclosure or short sale?
After a trustee sale
Utah Code 57-1-32 gives the lender three months after the sale to sue for the balance. The court finds the home's fair market value on the sale date, and the judgment cannot exceed the debt, interest, costs and fees minus that value, whatever the auction price was.
After a short sale
Utah Code 78B-2-313 bars a deficiency suit after a short sale of single-family residential property unless it is filed within three months after the release or reconveyance is recorded. The bar does not apply if the owner committed fraud, or signed an agreement to pay some or all of the deficiency. The broader comparison is in short sale vs foreclosure.
Example: a Herriman home worth $601,499 at a trustee sale
Zillow's typical home value for Herriman was $601,499 in August 2026. As an illustration, an owner of a home worth that much owes $650,000 once interest, costs and fees are added. If the lender sues within three months of a trustee sale and the court finds a fair market value of $601,499, the judgment is capped at $48,501, even if the winning bid was lower.
Had the owner closed an approved short sale instead, the lender would have three months from the recorded reconveyance to sue, unless a deficiency agreement or fraud was involved. Current values are on Herriman home values and property taxes.
Where are Salt Lake County foreclosure notices recorded?
Notices of default and trustee's deeds for Herriman properties are recorded with the Salt Lake County Recorder (385-468-8145). Its recorded-document index can be searched free without a login; full access costs $5 for 24 hours, and online records reach back to March 1, 1941. Find the date your notice of default was recorded, count at least three months forward, and check any notice of sale for postponements.
What can you do before the trustee sale?
Until the trustee's deed issues, reinstatement, a modification, a regular sale, a short sale or a deed in lieu can still end the default. If you owe more than the home is worth, compare a listed sale, a short sale and a cash offer. Utah treats paid foreclosure rescue involving a title transfer as licensed real estate activity (Utah Code 61-2f-102), so check any paid helper's license.
Before you rely on any date
This page explains the Utah process, not how it applies to your loan. Confirm your recorded dates with the county recorder and ask the trustee for a written reinstatement figure. A HUD-approved housing counselor, found through the CFPB's counselor finder, can review your options, and a Utah attorney (the Utah State Bar's LicensedLawyer.org directory, or Utah Legal Services if you qualify) can advise on deadlines and deficiency exposure.
Frequently asked questions
How long does it take to foreclose on a house in Utah?
By the minimum rules, a Utah trustee foreclosure takes roughly eight months from the first missed payment: more than 120 days of delinquency before the notice of default, at least three months before notice of sale, and at least 30 days of sale notice. Postponements and loss mitigation reviews often add time.
What is the 120 day rule for foreclosure?
It is federal rule 12 CFR 1024.41(f). A mortgage servicer may not make the first notice or filing for any foreclosure until the loan is more than 120 days delinquent, with narrow exceptions such as a due-on-sale violation. In Utah, that first filing is the notice of default recorded with the county recorder.
What are the stages of a foreclosure in Utah?
For a trust deed: missed payments and servicer outreach, the recorded notice of default, a three-month wait during which you can reinstate, the published and posted notice of trustee's sale, the public auction, and the trustee's deed. Any deficiency lawsuit must follow within three months of the sale.
Can I get my house back after a Utah trustee sale?
Not through redemption. Utah Code 57-1-28 says the trustee's deed conveys the property without right of redemption. The 180-day redemption in Utah Rule of Civil Procedure 69C applies to court-ordered sales. Reinstating or closing a short sale has to happen before the auction.
Can a Utah lender sue me after foreclosure?
After a trustee sale the lender has three months to sue under Utah Code 57-1-32, and the judgment is capped at the debt and costs minus the home's fair market value on the sale date. After a short sale, 78B-2-313 bars suits filed more than three months after the reconveyance is recorded, with exceptions for fraud and signed deficiency agreements.
How do I find a notice of default in Salt Lake County?
Search the Salt Lake County Recorder's recorded-document index, which is free and needs no login, or call the Recorder's Office at 385-468-8145. Notices of default and trustee's deeds for Herriman properties are recorded there. Full search access costs $5 for 24 hours.
Sources
- Utah Legislature: Utah Code 57-1-24
- Utah Legislature: Utah Code 57-1-25
- Utah Legislature: Utah Code 57-1-26
- Utah Legislature: Utah Code 57-1-27
- Utah Legislature: Utah Code 57-1-28
- Utah Legislature: Utah Code 57-1-31
- Utah Legislature: Utah Code 57-1-32
- Utah Legislature: Utah Code 78B-2-313, Action to recover deficiency after short sale
- Utah Courts: Utah Rules of Civil Procedure, Rule 69C
- eCFR: 12 CFR 1024.41 Loss mitigation procedures
- eCFR: 12 CFR 1024.39 Early intervention requirements
- Utah Legislature: Utah Code 61-2f-102
- Salt Lake County: Recorder's Office
- Salt Lake County Recorder: Property Search, Data Services
- Salt Lake County Recorder: For Industry
- Zillow Research: Home Value Index, cities (August 2026)
- CFPB: Find a housing counselor
- Utah State Bar: Tips on Finding a Utah Attorney
- Utah Legal Services: home page