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Utah · What this letter means

Utah foreclosure letters and notices

The papers Utah homeowners receive, in the order they usually arrive. Each page uses the name on the Utah document, explains the deadline it starts under Utah law, and lists what to do this week.

  1. Step 1

    Notice of intent to file a notice of default (pre-default notice with single point of contact)

    In Utah, before a notice of default is recorded on a home you live in, a bank or credit union lender or its servicer must warn you in writing. The letter lists exactly what it takes to cure, gives you a date at least 30 days away, and names one person to talk to about foreclosure relief. No foreclosure has been recorded yet.

    What it means
  2. Step 2

    Notice of Default

    In Utah, the trustee starts a trustee's sale foreclosure by recording a notice of default with the county recorder. For three months after recording, you can stop the foreclosure by paying only the past-due amount plus costs and fees actually incurred. After that, stopping the sale usually takes the full balance or the servicer's agreement.

    What it means
  3. Step 3

    Notice of Trustee's Sale

    The Notice of Trustee's Sale sets the date, time and courthouse where your Utah home will be auctioned. It comes only after the three months following the notice of default. After a Utah trustee's sale there is no right to buy the home back, so the days before the sale matter most.

    What it means
  4. Step 4

    Notice to quit and unlawful detainer (eviction) summons after a trustee's sale

    After a Utah trustee's sale, the former owner becomes an unlawful detainer only after staying past a notice to quit from the buyer. If you do not leave, the buyer can file an eviction case, and the summons gives you just three business days to respond. Utah also tells the court to triple damages in these cases, so act quickly.

    What it means
  5. Step 5

    Court clerk's notice of deposited excess proceeds from a trustee's sale

    When a Utah trustee's sale brings in more than the costs and the loan, the trustee pays the extra to the people legally entitled to it or deposits it with the district court clerk. If it is deposited, the clerk must notify listed claimants within 15 days. You claim the money by filing a petition, and other claimants get 60 days to object.

    What it means
  6. Step 6

    Summons and complaint to recover the balance due after a trustee's sale (deficiency lawsuit)

    After a Utah trustee's sale, the lender can sue for the shortfall only if it files within three 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 sale costs minus that value. You usually have 21 days after service to answer.

    What it means

Got a letter not listed here? See every foreclosure letter explained, or how foreclosure works in Utah.