In Utah as in most states, a loan may be secured with real estates by using either a mortgage or a deed of trust with power of sale, whether of which protects the lender by giving it a security interest in the property. If a person defaults, the lender may foreclose on the mortgage or trust deed securing the loan and sell the property secured thereby in order to satisfy the loan. There are two types of foreclosure procedures, 1) Non-Judicial, and 2) Judicial.
Non-Judicial Foreclosure

• Deed of trust may either be judicially or non-judicially foreclosed in Utah. Only a very small percentage of trust deeds are foreclosed judicially. Most trust deeds are foreclosed non-judically because of the lower cost of foreclosure, shorter average time from the commencement of the foreclosure to the conducting of the sale; and the absence of the required six month redemption period following a judicial foreclosure sale.

Statutory Provisions

• The statutory requirements for non-judicial foreclosure in Utah are found in Title 57, Chapter 1, Sections 9-36, Utah Code Annotated.

Foreclosure Timeline

1. Commencement. Notice of default/substitution of trustee.
2. Three (3) month redemption period prior to the notice of sale.
3. Notice of sale/trustee's sale. Trustee conducts the sale at the County Courthouse.