Utah foreclosure

The Utah foreclosure process will allow non-judicial foreclosure if the lender has inserted a power of sale clause in the mortgage or deed of trust. Non-judicial refers to the fact that the lender will be able to foreclose on your property without having to file a lawsuit in court.

In cases where there is no power of sale clause in the deed of trust or mortgage the lender will have to follow the judicial foreclosure process.

The judicial foreclosure process requires that the lender file a lawsuit in court. Once the lawsuit comes up, the judge will decide how much will need to be paid in order to bring the loan current. He/She will also allow you some time in which to pay it. If you don't pay in the time allowed, then the judge will allow the sale to go through.

If there is a power of sale clause in the deed of trust or mortgage, then the lender will be able to foreclose using the non-judicial process and no judge will be involved. The power of sale is inserted by the lender to get pre-authorization to sell the house if you default on the loan.

If the power of sale clause lists the time, place and terms of the sale, then those terms are followed. If not, then the non-judicial foreclosure process is followed in the following manner:

1. Once a week for 3 weeks in a row, a notice of sale must be published in a newspaper of the county where the property is located.


2. The last publication of this notice must occur between 10 and 30 days before the sale is to occur.
3. At least 20 days before the sale, the notice must also be posted on the property and at the office of the county recorder. This notice must clearly state where the sale is to occur.


4. On the day of the sale, the property will be sold at auction between the hours of 8:00AM and 5:00PM.