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How to claim foreclosure surplus funds in Utah

Most Utah home foreclosures are trustee's sales. If the winning bid is more than the sale costs and the loan, the trustee must pay the extra to the people legally entitled to it or deposit it with the district court clerk in the county of the sale. If the money goes to court, you claim it by filing a petition, and other claimants get 60 days to object.

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

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How to claim surplus funds in Utah

  1. The trustee pays the balance or deposits it

    After the trustee's sale

    The trustee pays sale costs and fees first, then the loan, then the balance to whoever is legally entitled to it. The trustee may instead deposit the balance with the clerk of the district court and file an affidavit listing all known claimants and their addresses. The clerk then deposits it with the state treasurer, subject to the court's order.

    Utah Code § 57-1-29(1)

  2. Watch for the clerk's notice

    Within 15 days of the deposit

    The clerk must notify every claimant listed in the trustee's affidavit within 15 days. Make sure the trustee has your current mailing address before the sale, and call the district court clerk if you think money was deposited but you got no notice.

    Utah Code § 57-1-29(2)

  3. File a petition to claim the money

    Any time after the deposit

    You file a petition for adjudication of priority to the funds with the court clerk and pay a $50 filing fee. You must give notice of the petition to every claimant on the trustee's list and any others you know of, telling them they have 60 days to contest it. The Utah State Courts foreclosure page has forms and self-help information.

    Utah Code § 57-1-29(3)(a) to (c)

  4. Junior liens are paid in priority order

    60 days after your notice

    If no one contests within 60 days, the court orders the money paid to you without a hearing. If a second mortgage holder or other lienholder contests, the court holds a hearing within 20 days, sets the priorities, and orders payment. Anyone who does not appear and assert a claim is barred.

    Utah Code § 57-1-29(3)(d), (4), (5)

  5. Money that goes unclaimed

    If you do not claim it

    Deposited money stays with the state treasurer subject to the court's order until someone proves a right to it. If you cannot find where your money went, search the State Treasurer's Unclaimed Property Division at mycash.utah.gov.

    Utah Code § 57-1-29(1)(c)

  6. Be careful with surplus fee offers

    Before you sign anything

    Utah has no percentage cap on fees for recovering money a court holds after a trustee's sale. If the money has gone to the state's unclaimed property program, a fee agreement signed within 24 months after the transfer is void, and an unconscionable fee can be reduced by a court. You can file the petition yourself.

    Utah Code §§ 67-4a-1301, 67-4a-1302

  7. Surplus after a tax sale

    Money left over after a county tax sale follows different rules and goes through the county and then the state's unclaimed property program. See the Utah property tax foreclosure page for how to claim it.

    Utah Code § 59-2-1351.1(7)

What Utah law says about leftover sale money

Surplus after a mortgage foreclosure sale

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 much does it cost to ask a Utah court for foreclosure surplus?

The filing fee for a petition for adjudication of priority to the funds is $50 (Utah Code § 57-1-29(3)(a)). You also need to mail notice of the petition to the other claimants. If no one contests within 60 days, the court can order payment without a hearing.

What if I miss the hearing on Utah surplus funds?

A person who claims an interest but fails to appear and assert the claim is barred from the funds after the court enters its order (Utah Code § 57-1-29(5)). If you receive notice of a petition or hearing, respond in writing before the deadline or attend. Free legal aid can help you prepare.

Can my second mortgage lender take the Utah surplus before me?

Yes, if its lien is valid. Liens that the sale wiped out are paid from the surplus in order of priority before any money reaches you. If you think a lien was already paid or is wrong, file a counter-petition or affidavit within the 60-day window so the court can decide.

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Also in Utah

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. Utah Code § 59-2-1331 (due date, delinquency, penalty, interest)
  2. Utah Code § 59-2-1343 (tax sale listing)
  3. Utah Code § 59-2-1346 (redemption, partial payments)
  4. Utah Code § 59-2-1351 (tax sale date and notice)
  5. Utah Code § 59-2-1351.1 (acceptable bids, excess as unclaimed property, tax deed)
  6. Utah Code § 59-2-1351.5 (property struck off to county)
  7. Utah Code § 59-2a-701 (deferral for indigent owners)
  8. Utah Code § 59-2a-702 (deferral application deadline)
  9. Utah Code § 59-2a-901 (deferral for elderly owners)
  10. Utah Code § 67-4a-1301 (agreement to locate property)
  11. Utah Code § 67-4a-1302 (when locator agreement void)
  12. Utah County Auditor: May Tax Sale Excess Funds
  13. Salt Lake County Treasurer: Find Excess Funds
  14. Utah State Treasurer: Unclaimed Property
  15. Utah Code § 57-1-24 (notice of default)
  16. Utah Code § 57-1-24.3 (notices to default trustor, single point of contact)
  17. Utah Code § 57-1-25 (notice of trustee's sale)
  18. Utah Code § 57-1-28 (trustee's deed; conveys title without right of redemption)
  19. Utah Code § 57-1-29 (proceeds of trustee's sale)
  20. Utah Code § 57-1-31 (reinstatement)
  21. Utah Code § 57-1-32 (action to recover balance due)
  22. Utah Code § 57-1-26 (mailing of notice of default and notice of sale)
  23. Utah Code § 57-1-27 (sale by public auction; postponement)
  24. Utah Code § 78B-6-802.5 (unlawful detainer after foreclosure)
  25. Utah Code § 61-2c-301 (prohibited conduct, mortgage licensing)
  26. Utah Rules of Civil Procedure, Rule 69C (redemption of real property after sale)
  27. Utah State Courts: Foreclosure
  28. Utah Department of Workforce Services: COVID-19 other assistance (lists the Homeowner Assistance Fund)
  29. Utah Code § 45-1-101 (legal notice publication requirements, public legal notice website)