Serving Salt Lake City, Sandy, West Valley City, Murray and the wider Wasatch Front. Utah primarily uses a non-judicial deed-of-trust foreclosure process in which a trustee may exercise the power of sale without filing an ordinary foreclosure lawsuit.
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In Utah, foreclosure is primarily non-judicial. The ordinary process does not require the lender to file a foreclosure lawsuit, and there is no foreclosure summons to answer in the typical trustee-sale case.
Once the trustee records a Notice of Default, a 90-day waiting and cure period begins. This is the key window to pursue reinstatement, loss mitigation, or a loan modification before the trustee proceeds toward the sale.
After the 90-day period, the sale moves through its own notice stage. The Notice of Trustee Sale must satisfy the saved publication and posting requirements before a public auction can be held.
Because there is no court Answer in the ordinary non-judicial process, a civil lawsuit in Utah District Court — and where appropriate a temporary restraining order or preliminary injunction — is the primary way to challenge a scheduled trustee sale.
Dream Legal's saved Utah sources describe an approximately 110-day minimum sequence based on the 90-day Notice of Default period followed by the trustee-sale notice stage, although the actual foreclosure timeline can vary from case to case.
Utah is primarily a non-judicial, deed-of-trust foreclosure state. Most residential foreclosures proceed through a trustee exercising the power of sale, without an ordinary foreclosure lawsuit.
The process typically begins with a default under the terms of the promissory note secured by the Utah deed of trust.
The trustee named in the deed of trust holds the power of sale and may conduct the foreclosure sale without a court summons.
The trustee records a Notice of Default under the applicable Utah trust-deed statute.
A 90-day waiting and cure period runs after the Notice of Default is recorded before the trustee may proceed toward the trustee sale.
During the cure window, the homeowner may pursue reinstatement (paying all past-due amounts), loss mitigation, a loan modification, or a workout.
If the default is not cured, the trustee schedules and publishes a Notice of Trustee Sale in a newspaper of general circulation in the county.
The notice is posted on the property at least 20 days before the sale, in addition to publication requirements.
The Notice of Trustee Sale is published once a week for three consecutive weeks.
The last publication must occur at least 20 days before the scheduled trustee sale.
If no resolution is reached, the property is sold at a public auction conducted by the trustee named in the deed of trust.
The sale is held as a public auction on the courthouse steps, consistent with the saved Utah source wording.
Once the sale is completed and the trustee's deed is issued, the sale is generally final in the non-judicial path.
Utah's saved sources state that non-judicial trust-deed foreclosures do not provide a statutory post-sale redemption period.
The lender may pursue a deficiency in a separate lawsuit, subject to Utah's fair-market-value limitation under Utah Code § 57-1-32.
Where appropriate, a homeowner may file a separate civil lawsuit in Utah District Court and seek a TRO or preliminary injunction to challenge the sale.
Dream Legal Solutions prepares pro se foreclosure documents for homeowners across Salt Lake County and the greater Wasatch Front.
We focus on homeowners in Salt Lake City, Sandy, West Valley City, and Murray, and extend across the Wasatch Front including South Jordan, West Jordan, Draper, Midvale, Cottonwood Heights, Taylorsville, Riverton, and Herriman.
Notice of Default review, 90-day cure-window review, deed-of-trust and trustee-authority review, Notice of Trustee Sale review, posting and publication-compliance review, and standing / assignment review.
Reinstatement review, loss mitigation, loan modification, repayment or workout, forbearance, District Court civil-action review, TRO / injunction review, and deficiency / fair-market-value exposure review.
Because Utah is non-judicial, a homeowner challenging a trustee sale may need to file a civil action in Utah District Court for the county where the property is located.
Salt Lake County District Court
450 S State St, Salt Lake City,
UT 84111
(801) 238-7300
Mon–Fri, 8:00 AM–5:00 PM
Non-Judicial · 90-Day Notice
Dream Legal Solutions is not affiliated with the court. We prepare documents you can file yourself.
Outcomes depend on the specific facts of each case. We do not guarantee a particular result.
Having the right documents ready helps our review move faster. Start with whatever you have — we can help you identify what else is needed.
Common questions Utah homeowners have about the non-judicial foreclosure process.
Utah is primarily a non-judicial foreclosure state. Most residential foreclosures proceed through a trustee exercising the power of sale under the deed of trust, without an ordinary foreclosure lawsuit. A judicial foreclosure path may exist, but the non-judicial trustee-sale process is the primary framework in Utah's saved sources.
Once the trustee records a Notice of Default, a 90-day waiting and cure period begins. During this window the homeowner may pursue reinstatement, loss mitigation, a loan modification, or another resolution before the trustee may proceed toward the trustee sale.
The 90-day period is a waiting and cure window that begins after the Notice of Default is recorded. It gives the homeowner time to address the default before the trustee schedules and publishes a Notice of Trustee Sale. It is not a guarantee of a fixed total timeline.
The Notice of Trustee Sale must be published in a newspaper of general circulation in the county, once a week for three consecutive weeks, with the last publication at least 20 days before the sale. It is also posted on the property at least 20 days before the sale.
Generally no. Utah's ordinary trustee-sale foreclosure process is non-judicial and does not involve a foreclosure summons to answer. Because there is no court Answer, a civil lawsuit in Utah District Court is the primary tool to stop a trustee sale and raise defenses.
If a homeowner is actually served with a judicial foreclosure complaint, Dream Legal's saved Utah sources contain a 20-day versus 21-day discrepancy, so the summons and court papers should be reviewed immediately and the actual deadline confirmed before relying on either figure.
Yes. Because Utah is non-judicial, a homeowner may file a civil lawsuit in Utah District Court and seek a temporary restraining order or preliminary injunction to stop a scheduled trustee sale while raising defenses.
Utah's saved sources state that non-judicial trust-deed foreclosures do not provide a statutory post-sale redemption period. Once the trustee sale is completed and the trustee's deed is issued, the sale is generally final. This is why taking action before the sale date is critical.
A lender may pursue a deficiency judgment after a non-judicial trustee sale, but must file a separate lawsuit. A Utah statutory deadline for that filing is not stated in the saved sources.
Under Utah's anti-deficiency law (Utah Code § 57-1-32), a deficiency is limited to the difference between the total debt and the fair market value of the property at the time of sale, which can be significantly less than the loan balance.
Explore these guides to better understand your options as a Utah homeowner.
Facing a Utah Notice of Default or Notice of Trustee Sale? Tell us about your situation and we'll prepare the documents you need to act.
Dream Legal Solutions is a document preparation service, not a law firm. We do not provide legal advice, represent clients in court, or appear on your behalf. We prepare pro se documents that homeowners can use to represent themselves. If you need legal representation in Utah District Court, we can refer you to a licensed Utah attorney through our attorney referral network. Results depend on the specific facts of each case, and no particular outcome is guaranteed.