Utah · ForeclosureUtah trustee's sale: notice of default, the three-month reinstatement window and the sale

A Utah trustee can't exercise the power of sale until it records a notice of default in each county where the property lies – identifying the trust deed, describing the property and stating the breach and the election to sell – and at least three months have passed; only then does it give notice of sale (Utah Code §57-1-24). The notice of sale is published at least once a week for three consecutive weeks in a county newspaper, the last at least 10 but no more than 30 days before the sale, and on the public legal notice website for 30 days, and is posted on the property and at the county recorder's office at least 20 days before the sale, which is held at a courthouse serving the county between 8 a.m. and 5 p.m. (§57-1-25). Within three months after the notice of default is recorded, the borrower, a successor or a junior lienholder can cure by paying the amount then due other than principal that wouldn't be due without the default, plus costs and trustee's and attorney's fees actually incurred, and the trust deed is reinstated as if there had been no acceleration (§57-1-31). A deficiency action must be started within three months after the sale, and judgment can't exceed the amount by which the debt, interest, costs and fees exceed the property's fair market value on the sale date (§57-1-32).