How Utah Trust Deed Foreclosures Work for Attorneys

A Utah foreclosure under a trust deed's power of sale does not begin with a court case. It begins with a recorded notice, and the statute sets minimum waits before a sale. That matters for any attorney deciding how court records can help find foreclosure clients.

How does the process start?

Under Utah Code 57-1-24, a trustee may not use the power of sale until a notice of default is recorded with the county recorder. At least three months must pass after that recording, and only then can the trustee give notice of sale.

What is the notice of sale?

According to Utah Code 57-1-25, the sale notice must be given at least 20 days before the scheduled sale. So a homeowner has a minimum window of roughly three months and 20 days from the recorded default to a sale, before any postponements.

Is there a negotiation step?

For certain loans on owner-occupied homes from financial institutions, section 57-1-24.3 gives the borrower an opportunity to negotiate foreclosure relief and requires a single point of contact. Whether a particular loan qualifies depends on the facts, so read the section before advising.

Why does this matter for court-record leads?

Because the trust deed route runs through the recorder and a trustee, a court-record feed only shows foreclosures that reach a court. It is not a list of every home in default. We have not checked how many foreclosure cases we see are court actions on a mortgage versus other proceedings, so treat the volume as small and unverified.

Where do you go next?

See foreclosure defense and lender-side leads, how many property cases are filed, and Utah property and real estate leads.