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Utah Foreclosure Guide

Foreclosure Guide

Clear steps. Real resources. No pressure.

The only guide written specifically for Utah homeowners, including local laws, timelines, and resources.

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Who We Are?

This guide was created by a group of real estate professionals and housing counselors dedicated to providing free, unbranded information to Utahns facing financial hardship. Our goal is to empower homeowners with knowledge and connect them with the resources they need to make an informed decision.

What’s Inside the Foreclosure Guide

  • Step-by-step timeline of the foreclosure process in Utah
  • What to say to your lender (call script + letter templates)
  • Forbearance, loan mod, and repayment options explained in plain English
  • How to evaluate a sale vs. stay decision—without overpaying for repairs
  • Local and national help lines (HUD-approved counselors & legal aid)

Frequently Asked Questions

A Notice of Default is the official document filed by your lender after you’ve missed payments and the loan is in serious default. In Utah, this is the official legal start to the foreclosure process. Once the NOD is recorded, the foreclosure process can legally begin. You’ll typically have at least 90 days from that filing before a trustee’s sale (auction) can take place. Upon receiving an NOD, the first and most critical step is to contact your lender immediately to discuss your options.

Utah is a non-judicial foreclosure state. This means the process does not have to go through the court system, which allows it to move quickly. From the day the Notice of Default is recorded, the foreclosure timeline is usually 3 to 4 months before the auction, although delays or lender actions can extend it. Acting quickly is essential.

A trustee’s sale is a public auction where your home is sold to the highest bidder. This is the final step of the foreclosure process, and it takes place after the Notice of Default period has expired. The funds from the sale are used to pay off the mortgage debt.

Yes. A key part of the Utah foreclosure process is the “cure” period. You have until at least five days before the scheduled trustee’s sale to reinstate your loan by paying all past-due amounts, including missed payments, late fees, and foreclosure-related costs.

Yes, in many cases. Options include:

  • Loan modification or repayment plan.
  • Forbearance (temporary pause in payments).
  • Short sale or traditional sale of the property.
  • Filing for bankruptcy (consult an attorney). Each option has different requirements and outcomes. The earlier you act, the more choices you’ll have.
  • Forbearance: A temporary pause or reduction in payments (short-term fix).
  • Loan Modification: A permanent change to the loan terms (interest rate, payment, or length). To get a loan modification, you must submit a complete application to your lender and demonstrate financial hardship.
  • Refinance: Replacing your existing loan with a new one, usually requires decent credit and some equity.

Yes. Homeowners in Utah can sell any time before the trustee’s sale. Selling can often preserve your equity, pay off the mortgage, and prevent the foreclosure from appearing on your credit record.

A short sale means selling your home for less than the total loan balance, with your lender’s approval. The lender agrees to accept the lower amount and may forgive the difference. It can be complex, but it usually impacts your credit less than a full foreclosure.

Yes. Filing for bankruptcy can trigger an “automatic stay,” which pauses foreclosure. This is a serious decision with long-term consequences, so consult with a qualified bankruptcy attorney before proceeding.

Keep records of all attempts. You may need to escalate to a HUD-approved housing counselor or seek legal aid. Nonprofit housing counselors are free and can often act as an intermediary, communicating directly with lenders on your behalf.

Foreclosure is damaging, but the impact is not permanent. A foreclosure typically stays on your credit report for 7 years, but your credit recovery can begin right away by re-establishing good payment history. Other options, such as a short sale or loan modification, may have a smaller impact than foreclosure.

If your home sells at auction for more than what you owe, any surplus (after fees) belongs to you. However, in many cases, the home sells for just enough to cover the debt, leaving little or no equity left.

In most Utah foreclosures, the auction wipes out the mortgage debt. However, lenders can sometimes pursue a “deficiency judgment” if the home sells for less than what you owe. This depends on the loan type and circumstances — legal advice is highly recommended. Also, be aware that property taxes and HOA liens may not be wiped out by the foreclosure sale.

Warning: Be wary of anyone who:

  • Guarantees to “stop your foreclosure” no matter what.
  • Asks for upfront fees before providing services.
  • Tells you to stop communicating with your lender.
  • Pressures you to transfer your deed into their name. Always verify credentials with HUD or state regulators.

Yes. HUD-approved housing counseling agencies, Utah Legal Services, and other nonprofits offer free assistance. Here is a direct link to find a HUD-approved counselor near you.

  • Mortgage statement(s)
  • Bank statements
  • Proof of income and expenses
  • Property tax and insurance info
  • Any letters or notices from your lender Having these ready speeds up discussions with your lender or a housing counselor.

You still have rights. In Utah, tenants often receive notice before foreclosure and may be entitled to stay through the end of the lease or at least 90 days. Seek legal guidance if you are a tenant in this situation.

Every situation is unique—your income, loan balance, equity, and timeline all matter. This guide walks through the major options and their pros/cons. Speaking with a HUD counselor, legal aid, or a trusted real estate professional can help you make an informed choice.

Have more questions? Download the full Utah Foreclosure Survival Guide to get a step-by-step roadmap and detailed checklists to navigate the process, or request a private consultation, in person, or online. You can call directly (801) 554-3743 or email us and we will provide it on email.

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Utah's non-judicial foreclosure process

Step 1
The Pre-Foreclosure Period
The Pre-Foreclosure Period​
  • Trigger: Missed payments.
  • Timeline: Your mortgage servicer generally cannot start the formal foreclosure process until you are more than 120 days delinquent on payments.
  • Lender Action: They will send late notices, make collection calls, and send you a pre-foreclosure notice (which may be a "breach letter") giving you at least 30 days to catch up.
  • What To Do: This is your most critical window of opportunity. Contact your lender to discuss options, apply for loss mitigation, or speak with a HUD-approved housing counselor immediately.
Step 2
Notice of Default (NOD) Is Filed
Notice of Default (NOD) Is Filed
  • Timeline: After at least 120 days of delinquency.
  • What Happens: Your lender's trustee records the NOD with the county recorder’s office. The foreclosure process has officially begun.
  • What This Means: This is a public record, and credit damage will be severe. The clock on your 3-month reinstatement period has now started.
  • Options Still Open: You have a legal right to bring your loan current through reinstatement. You can also still negotiate a loan modification, sell your home, or file for bankruptcy to pause the process.
Step 3
The 3-Month Reinstatement Period
The 3-Month Reinstatement Period
  • Timeline: You have a minimum of 90 days from the date the NOD was recorded to reinstate your loan.
  • What You Can Do:
    • Reinstate: Pay all missed payments, late fees, and foreclosure costs in a single lump sum.
    • Negotiate: Work with your lender on a loan modification or other workout plan.
    • Sell: List the home for a traditional or short sale to pay off the debt.
    • File Bankruptcy: This will trigger an "automatic stay" and temporarily stop the foreclosure.
Step 4
Notice of Trustee’s Sale
Notice of Trustee’s Sale
  • Timeline: After the 90-day reinstatement period expires.
  • What Happens: The trustee sets the auction date. They will publish the notice in a local newspaper and post it on your property at least 20 days before the sale.
  • Your Last Chance: The auction date is now set in stone. Your last options are to sell the home, arrange a short sale, or file for bankruptcy before the scheduled sale. You can no longer reinstate the loan; you must pay it off in full.
Step 5
Trustee’s Sale (Auction)
Trustee’s Sale (Auction)
  • Timeline: The scheduled sale date.
  • What Happens: Your property is sold at a public auction to the highest bidder.
  • What This Means: The sale is final. In Utah, there is no redemption period after the sale in most non-judicial foreclosures. Once sold, you lose all rights to the property.
Step 6
Eviction
Eviction
  • Timeline: Varies, but typically begins a few weeks after the sale.
  • What Happens: The new owner (the bank or an investor) will send an eviction notice. If you do not vacate voluntarily, they will file with the courts, and a sheriff may remove the occupants.
  • What This Means: Your rights as a former homeowner have ended. You must find new housing.

Time is critical, but you still have options at every step. The earlier you act, the more choices you have. Download the full Utah Foreclosure Survival Guide to get a step-by-step roadmap and connect with professionals who can help you determine the right path.

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Marc Huntington Real Estate Group

Disclaimer

I am not an attorney, and this is not legal or tax advice. This is straight talk and proven strategy from an expert who knows what actually works in the real world to protect your home and future. When in doubt, call a lawyer.