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.
This timeline is one of our Utah foreclosure and short sale guides, which apply to a home anywhere in the state.
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.
Before the notice of default: Utah's 30-day cure notice
If your loan is held by a bank, credit union or other financial institution and the home is your primary residence, Utah Code 57-1-24.3 adds a step before the notice of default. The lender or servicer must name a single point of contact and send you a written notice with the reason for the default, an itemized amount to cure it, and a deadline at least 30 days after the notice is sent. The notice also gives the contact's phone number, email and mailing address.
You can apply to that contact for any foreclosure relief the lender offers until the three-month period after the notice of default ends. Once you apply, notice of sale cannot be given until you receive a written decision, although the lender may go ahead if it decides you don't qualify or chooses not to sign an agreement. If you qualify and sign a written agreement, the lender must cancel the notice of default. The law does not require a lender to offer or approve any particular relief.
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 |
|---|---|---|
| Servicer outreach | Live contact attempt by day 36; written options notice by day 45 | 12 CFR 1024.39 |
| Utah cure notice | At least 30 days to cure, with a single point of contact (financial-institution loans on owner-occupied homes) | Utah Code 57-1-24.3 |
| First filing | Loan more than 120 days delinquent | 12 CFR 1024.41(f) |
| Notice of default | Recorded with the county recorder; copies mailed within 10 days | 57-1-24, 57-1-26 |
| Reinstatement | Within three months of the notice of default | 57-1-31 |
| Notice of sale | Published three weeks; posted and mailed at least 20 days before the sale | 57-1-25, 57-1-26 |
| Sale protection | Complete loss mitigation application more than 37 days before the sale | 12 CFR 1024.41(g) |
| Postponement | New notice needed after 45 days past the original date | 57-1-27 |
| Redemption | None after a trustee sale | 57-1-28 |
| Deficiency suit | Within three months after the sale, capped by fair market value | 57-1-32 |
| Surplus funds | Paid to those entitled or deposited with the district court | 57-1-29 |
| Tenants | At least 90 days' notice to vacate for bona fide tenants | Protecting Tenants at Foreclosure Act |
Trustee sale or court foreclosure: which applies in Utah?
Utah has two foreclosure routes, and the security document you signed at closing decides which one the lender uses. Utah Courts says most Utah foreclosures happen without a court case, through a trustee sale.
Trustee sale (non-judicial foreclosure)
A trust deed gives a trustee the power to sell the home after a default. The trustee follows the notice steps in Utah Code 57-1-24 through 57-1-28 and sells at a public auction without a lawsuit. This is the route the timeline above describes, and it ends with a trustee's deed and no right of redemption.
Court foreclosure (judicial foreclosure)
A loan secured by a mortgage rather than a trust deed is foreclosed through a single court action under Utah Code 78B-6-901. The judgment states the amount due, with costs, and directs the sheriff to sell the property under the rules for sales on execution. After a sheriff's sale of real property, Utah Rule of Civil Procedure 69C allows redemption within 180 days, a right the trustee process does not have.
HOA foreclosure
Your mortgage lender is not the only one that can foreclose. A Utah homeowners association has a lien on the lot for unpaid assessments, collection costs, late charges and interest (Utah Code 57-8a-301), and it can foreclose that lien either through a trustee-style sale under 57-1-24 to 57-1-27 or in court (57-8a-302). The HOA lien ranks behind property taxes and a first or second mortgage recorded before the HOA recorded its notice of lien. An association that is out of compliance with the state registration requirement cannot create or enforce an assessment lien during that period (57-8a-105).
How to tell which one your loan uses
Read the security document recorded at your purchase or refinance. A deed of trust names a trustee and a power of sale; a mortgage does not. If you can't find your copy, the Salt Lake County Recorder's index shows what was recorded against your parcel. The paperwork you receive also tells you: a recorded notice of default starts a trustee sale, while a complaint filed in district court starts a judicial case.
How long does foreclosure take in Utah?
Minimum time from the first missed payment
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.
Loss mitigation applications and the 37-day rule
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)). These protections generally apply to one complete application if you have stayed delinquent since an earlier one (12 CFR 1024.41(i)). A short sale is one option the servicer can review; the short sale steps and lender package explain what to send.
What can push the sale date back
The trustee can postpone a sale by announcing it at the time and place set for the sale, and a postponement of more than 45 days past the original date needs a new notice of sale (Utah Code 57-1-27). A lender can also postpone to keep negotiating foreclosure relief without recording a new notice of default (57-1-24.3). A bankruptcy filing pauses the sale under the automatic stay, as explained below. Count your own dates from the recorded notices, not from an average.
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.
Taxes on debt the lender forgives
A foreclosure is treated as a sale for federal tax purposes, according to IRS Publication 4681. If the debt is recourse and the lender forgives more than the home's fair market value, the forgiven part can be ordinary income; with nonrecourse debt, the full debt counts as the sale amount instead. A Form 1099-C means the lender reported a canceled debt, but canceled debt must be reported even if no form arrives. The federal exclusion for forgiven debt on a main home covers only debt discharged before January 1, 2026, or under a written arrangement made before then. Utah's income tax starts from federal adjusted gross income, so the federal answer usually carries over. Our guide to taxes on forgiven mortgage debt covers the insolvency exclusion and Form 982.
What happens after a Utah trustee sale?
The trustee's deed transfers ownership
The winning bidder, often the lender through a credit bid, receives a trustee's deed, which the trustee must submit to the county recorder within five business days of receiving payment. Utah Code 57-1-28 says the deed conveys the home without right of redemption and takes effect as of the time of the sale. From that point the buyer at the sale owns the home, and a reinstatement or short sale is no longer possible.
Moving out: notice to quit and eviction
A former owner who stays after the sale and is served a notice to quit by the purchaser commits unlawful detainer under Utah Code 78B-6-802.5. If you don't leave by the deadline in the notice, the new owner can go to court to have you removed, and Utah Courts' eviction pages explain how to respond. On FHA loans, a servicer may offer occupants up to $3,000 per dwelling to move out within 30 days after the first notice to quit (HUD Handbook 4000.1, as revised by Mortgagee Letter 2025-12).
Tenants in a foreclosed home
If you rent the home out, your tenants have their own protections. Under the federal Protecting Tenants at Foreclosure Act, the new owner after a foreclosure of a federally related mortgage must give a bona fide tenant at least 90 days' notice to vacate. A bona fide lease signed before the notice of foreclosure generally runs to the end of its term, unless the home is sold to a buyer who will live in it, and even then the 90-day notice applies. Utah Code 78B-6-802 builds that federal notice into Utah eviction law, and the notice of sale rules in 57-1-25 add posting and mailing for rental property.
Surplus money from the sale
Utah Code 57-1-29 sets the order of payment: first the costs of the sale, including trustee's and attorney fees actually incurred, then the debt the trust deed secured. Any balance goes to whoever is legally entitled to it, which can include you, or the trustee can deposit it with the district court clerk. The clerk notifies the listed claimants within 15 days. A claimant files a petition with a $50 fee, other claimants have 60 days to contest it, and an uncontested petition is ordered paid without a hearing. Utah Courts publishes the petition forms, and a claimant who doesn't appear loses the claim once the court rules.
Does bankruptcy stop a Utah foreclosure sale?
Filing a bankruptcy petition creates an automatic stay under 11 U.S.C. 362(a), which stops acts to enforce a lien against your property, so a scheduled trustee sale cannot go ahead while the stay is in effect. The stay has exceptions, and a lender can ask the bankruptcy court for relief from it.
Chapter 13 and missed payments
According to U.S. Courts, Chapter 13 lets an individual with regular income stop foreclosure proceedings and cure missed mortgage payments over a plan of three to five years, while still making every mortgage payment that comes due on time. The plan runs three years if your income is below the state median, unless the court approves a longer one, and generally five years if it is above.
Before you file
The stay covers acts taken after the petition is filed, so timing against the sale date matters. A bankruptcy can stay on a credit report for up to ten years, according to the CFPB, compared with seven years for most other negative items. Talk to a Utah bankruptcy attorney before filing; the other ways out, from reinstatement to a deed in lieu, are compared in ways to stop a foreclosure in Utah.
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.
What is the 37-day foreclosure rule?
It is the federal dual-tracking rule in 12 CFR 1024.41(g). If your servicer receives a complete loss mitigation application after foreclosure has started but more than 37 days before the sale, it cannot conduct the sale until you are found ineligible and any appeal ends, you reject every option, or you fail to perform under an agreement. In Utah that protects the trustee sale date.
Does a Utah trustee sale affect your credit like other foreclosures?
Yes. A trustee sale is a foreclosure, and Experian says a foreclosure stays on credit reports for seven years from the first missed payment that led to it. The CFPB says most negative information can be reported for seven years. How long it takes to qualify for a new mortgage depends on the loan program, as our guide to short sale credit and waiting periods explains.
Do lenders have to try to avoid foreclosure in Utah?
They have to offer a chance to talk, not a particular outcome. Federal rules require servicers to try to reach you by day 36 of delinquency and send written options by day 45, and to review a complete loss mitigation application. For bank and credit union loans on owner-occupied homes, Utah Code 57-1-24.3 adds a single point of contact and a 30-day cure notice. Neither law requires a lender to approve relief.
Do I still owe money after a Utah foreclosure?
You can. The lender has three months after a trustee sale to sue for a deficiency, capped at the debt and costs minus the fair market value on the sale date (Utah Code 57-1-32). Forgiven debt can also be taxable income unless an exclusion applies. If the sale brings more than is owed, the surplus goes to those entitled to it, which can include you.
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
- Utah Legislature: Utah Code 57-1-24.3, Notices to default trustor
- Utah Legislature: Utah Code 57-1-29, Proceeds of trustee's sale
- Utah Legislature: Utah Code 78B-6-802.5, Unlawful detainer after foreclosure
- Utah Legislature: Utah Code 78B-6-802, Unlawful detainer by tenant
- Utah Legislature: Utah Code 78B-6-901, Mortgage foreclosure
- Utah Courts: Foreclosure (self-help)
- Cornell LII: 12 U.S.C. 5220 note, Protecting Tenants at Foreclosure Act
- Cornell LII: 11 U.S.C. 362, Automatic stay
- U.S. Courts: Chapter 13, Bankruptcy Basics
- HUD: Mortgagee Letter 2025-12
- CFPB: How long does negative information remain on my credit report?
- Experian: Short Sale vs. Foreclosure: What's the Difference?
- Utah Legislature: Utah Code 57-8a-301, Liens for assessments
- Utah Legislature: Utah Code 57-8a-302, Foreclosure of assessment lien
- Utah Legislature: Utah Code 57-8a-105, Registration
- IRS: Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments
- IRS: Topic no. 431, Canceled debt
