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Utah Foreclosure Laws

Utah foreclosures are generally non-judicial due to the presence of Power of Sale clauses in mortgages. These clauses give the lender the ability to pursue a foreclosure without having to first obtain a court order. For all other situations, judicial foreclosures must be used, which is followed through as a regular law suit filed by the lender against the homeowner for the permission to foreclose and sell the homeowner's property.

To begin a non-judicial foreclosure, the lender files a Notice of Default with the county register. The homeowner receives the Notice of Default as well. The homeowner is then allowed three months to provide payment of the debt. If it is still not received once this period ends, the lender may schedule and carry out a foreclosure sale of the property.

Before the sale, the lender must publish a Notice of Sale in a local weekly newspaper for three consecutive weeks leading up to the sale. The Notice of Sale must also appear on the property and at the office of the county registrar.

On the day of the sale, a trustee of the lender auctions off the property to the highest bidder. If the proceeds from the sale exceed the amount of the original loan provided, the excess funds are to be divided up amongst any junior lien holders.

The original homeowner has no rights to redemption unless dictated by the court. The lender is entitled to pursue a deficiency judgment against the homeowner if the sale price does not match the amount of the mortgage loan. The lender might be able to seize the property until the deficiency is paid.

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