Utah primarily uses non-judicial foreclosure. File a civil lawsuit in UT District Court.
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Utah uses non-judicial foreclosure under the deed of trust, with a 90-day Notice of Default (NOD) period before the trustee's sale. Because there is no court summons, homeowners must file a civil lawsuit in Utah District Court to stop the sale and raise defenses. Filing fee: $225-$400.
Because Utah foreclosure is non-judicial, the trustee's sale moves on its own timeline rather than through a court summons. The 90-day NOD gives you a real window to act — but once the auction occurs, your options narrow dramatically. A timely civil lawsuit in District Court can halt the sale and preserve your right to raise defenses and negotiate.
| Type | Non-Judicial (deed of trust) |
| NOD Period | 90 days minimum |
| Court | UT District Court |
| Filing Fee | $225-$400 |
Confirm the sale date, verify the foreclosing party's standing, and check the note, deed of trust, and payment history for errors.
Prepare a complaint in UT District Court raising defenses like improper standing, defective assignments, and servicer violations.
If the sale is imminent, request a temporary restraining order or preliminary injunction to stop the auction while your case proceeds.
With the sale paused, pursue a loan modification, reinstatement, or short sale. Litigation pressure often improves the terms.
The foreclosing party must prove it holds the note and has the right to exercise the power of sale.
Errors in the 90-day NOD, advertisement, or sale procedure can invalidate the foreclosure.
RESPA/Reg X dual tracking and error-resolution failures can be powerful counterclaims and bargaining tools.
Challenge miscalculated arrears, misapplied payments, and improper fees that inflate the claimed default.
Utah's 90-day NOD gives you a valuable window — but it closes at the trustee's sale. Act before the auction to protect your home.
File your civil lawsuit in UT District Court before the trustee's sale occurs.
Get Help TodayBecause there is no court Answer, a civil lawsuit in UT District Court is the primary tool to stop a trustee's sale and raise defenses.