Utah Foreclosure Help – Stop Foreclosure in Utah

 


Finding Foreclosure Help in Utah

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Salt Lake City Field Office

Department of Housing and Urban Development
125 South State Street
Suite 3001
Salt Lake City, Utah 84138

Phone: (801) 524-6070

Fax: (801) 524-3439

TTY: (801) 524-6909

Jurisdiction: State of Utah

Dwight Peterson
Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Utah Foreclosure Laws Summary

Quick Facts:

  • Judicial foreclosure process is available.
  • Non-judicial foreclosure process is available.
  • The primary security instruments are mortgages and deeds of trust.
  • The timeline can vary by process.
  • The borrower has rights of redemption.
  • The lender may sue for deficiency judgements.

Lenders may foreclose on mortgages in default in Utah through a judicial or non-judicial process.

Judicial Foreclosure
In this process, the lender files a lawsuit to foreclose. The court then looks into the case and reviews if the borrower is in default. if this is proven to be true, the court allots a time period for the borrower to cure the default. if the borrower is still unable to pay his debts, the court will order the property to be put up for sale at an auction.

Non-Judicial Foreclosure
When a power of sale clause is present in a mortgage deal, the non-judicial process is used. This clause means that the borrower has allowed the lender to sell the property in the event of his default. This way, the lender can sell the property without going to court once the borrower defaults. The lender or a trustee may sell the property following the guidelines stated below.

Power of Sale Foreclosure Guidelines
If the power of sale clause states the terms and specifics of the sale, these must be followed. If not, the foreclosure process must be done as follows:

A notice of sale must be published in the county newspaper, informing the public about the upcoming sale. The notice must be published once a week for 3 weeks, with the last ad published at least 10 days before the sale, but not more than 30 days.

This notice must also be recorded at the office of the county recorder, as well as posted on the property itself 20 days before the sale.

The date and time of sale must be indicated in the notice of sale, with the time of sale being anytime between 8am-5pm.

Borrowers have the right of redemption but the time period varies and must be determined by the court.

Deficiency judgments may be filed but only for the difference between the foreclosure sale price and the remaining balance of the borrower.