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What happens after a foreclosure sale in Utah

After a Utah trustee's sale, the buyer gets a trustee's deed and there is no right to buy the home back. The buyer must give you a notice to quit and then go through court to evict you. The lender has only three months to sue for any shortfall, and any extra money from the sale belongs to the people legally entitled to it, which may include you.

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Reviewed against Utah law and official sources on October 12, 2026. General information, not legal advice.

What happens after the sale in Utah, in order

  1. No redemption after a trustee's sale

    Immediately

    The trustee's deed passes your title to the buyer without a right of redemption, and it relates back to the sale date. A 180-day redemption right applies only to court foreclosures with a sheriff's sale.

    Utah Code § 57-1-28(3); Utah R. Civ. P. 69C

  2. Notice to quit

    Served by the buyer after the sale

    You commit unlawful detainer only if you stay after being served with a notice to quit by the buyer. Use this time to move or talk with legal aid. Tenants of a former owner may have more time under federal law.

    Utah Code § 78B-6-802.5

  3. Eviction case

    3 business days to respond after you are served

    If you do not leave, the buyer can sue. The summons gives three business days from service to respond unless you object and the court allows more time. Only the court can order you out.

    Utah Code § 78B-6-807(3)

  4. Deficiency lawsuit

    Must be filed within 3 months after the sale

    The court must find the home's fair market value on the sale date, and the judgment cannot be more than the debt, interest and costs minus that value. If you are sued, respond on time and argue the home's real value.

    Utah Code § 57-1-32

  5. Surplus deposited with the court

    After the trustee pays sale costs and the loan

    The trustee pays any balance to those legally entitled or deposits it with the district court clerk in the county of the sale. The clerk must notify listed claimants within 15 days.

    Utah Code § 57-1-29(1), (2)

  6. Petition for the surplus

    After the clerk's notice; others get 60 days to contest

    File a Petition for Adjudication of Priority to Funds on Trustee's Sale with a $50 fee and notify the other claimants. If no one contests within 60 days, the court can order the money paid to you without a hearing. If someone does, a hearing is held within 20 days.

    Utah Code § 57-1-29(3), (4)

The three questions that matter after a sale

Can I get the home back in Utah?

Limited redemption

There is no right to buy the home back after a trustee's sale: the trustee's deed conveys the property to the buyer without right of redemption. If the lender instead forecloses through a court case, the property can be redeemed within 180 days after the sale by paying the sale price plus six percent.

Utah Code § 57-1-28(3); Utah R. Civ. P. 69C

Can the lender come after me for the rest?

Limited

The lender can sue you for a shortfall, but it must file within three months after the trustee's sale. The court must find the home's fair market value on the sale date, and the judgment cannot be more than the amount you owed (with interest, costs and fees) minus that fair market value.

Utah Code § 57-1-32

What if the home sold for more than I owed?

After paying sale costs and the foreclosed loan, the trustee must pay any balance to the people legally entitled to it, or may deposit it with the clerk of the district court in the county where the sale took place. The clerk must notify the claimants the trustee listed within 15 days. You can then file a petition asking the court to decide who gets the money. The Utah courts website has the petition form.

Utah Code § 57-1-29

Common questions in Utah

How long can I stay in my Utah home after the trustee's sale?

Until the buyer serves a notice to quit and, if you do not leave, wins an eviction case (Utah Code § 78B-6-802.5). Utah's statute does not set a number of days for that notice, and the eviction summons gives you only three business days to respond (§ 78B-6-807). Plan your move early.

Can a Utah lender collect more than the home was worth after a foreclosure?

No more than the gap between what you owed and the home's fair market value. Under Utah Code § 57-1-32 the court must find the value on the sale date and cannot award more than the debt, interest and sale costs minus that value. A low auction bid does not set the deficiency.

What happens if I do not claim surplus money from a Utah foreclosure?

If the money was deposited with the court and a claimant who knew of it fails to appear and assert a claim, that person is barred after the court's order (Utah Code § 57-1-29(5)). Watch your mail for the clerk's notice and keep the trustee informed of your new address.

Step by step

More on foreclosure in Utah

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. Utah Code § 57-1-28 (trustee's deed; no right of redemption)
  2. Utah Code § 57-1-31.5 (reinstatement or payoff statement)
  3. Utah Code § 78B-6-807 (unlawful detainer summons; time to respond)
  4. Utah Code § 45-1-101 (legal notice publication requirements)
  5. Utah Legals, Utah Press Association public notice website
  6. Utah Code § 57-1-24 (notice of default)
  7. Utah Code § 57-1-24.3 (notices to default trustor, single point of contact)
  8. Utah Code § 57-1-25 (notice of trustee's sale)
  9. Utah Code § 57-1-29 (proceeds of trustee's sale)
  10. Utah Code § 57-1-31 (reinstatement)
  11. Utah Code § 57-1-32 (action to recover balance due)
  12. Utah Code § 57-1-26 (mailing of notice of default and notice of sale)
  13. Utah Code § 57-1-27 (sale by public auction; postponement)
  14. Utah Code § 78B-6-802.5 (unlawful detainer after foreclosure)
  15. Utah Code § 61-2c-301 (prohibited conduct, mortgage licensing)
  16. Utah Rules of Civil Procedure, Rule 69C (redemption of real property after sale)
  17. Utah State Courts: Foreclosure
  18. Utah Department of Workforce Services: COVID-19 other assistance (lists the Homeowner Assistance Fund)