- Who sends it
- The trustee, by certified or registered mail, posting on the home and at the county recorder, newspaper ads and the public legal notice website
- What it starts
- The countdown to the auction, at least 20 days after posting and mailing
- Do this first
- Call the trustee to confirm the date and ask in writing for a payoff statement at least 10 business days before the sale
What this document is in Utah
Utah Code § 57-1-25(3) sets the form. It is titled "Notice of Trustee's Sale" and says the property "will be sold at public auction to the highest bidder" at a stated place, date and time. It names the current beneficiary and the record owners as of the notice of default.
The trustee must publish it in a newspaper at least once a week for three weeks, with the last ad 10 to 30 days before the sale, post it on the public legal notice website for 30 days before the sale, and post it on the property and at the county recorder's office at least 20 days before the sale (§ 57-1-25(1)). A signed copy is mailed by certified or registered mail at least 20 days before the sale (§ 57-1-26(2)(b), (3)), with the trustee's contact hours and phone number.
The sale must be held between 8 a.m. and 5 p.m. at a courthouse serving the county where the home is (§ 57-1-25(2)).
What it does and does not mean
- It does not mean you must move today. You are not required to leave until the buyer serves a notice to quit after the sale and, if needed, wins an eviction case.
- Your three-month reinstatement right has passed. The Utah courts say stopping the sale now usually means paying the whole balance plus fees, unless the servicer agrees to something else.
- Sales are often postponed. The trustee can postpone by announcing it at the time and place of the sale, and needs a new notice only if the new date is more than 45 days after the original date (Utah Code § 57-1-27(2)).
- After the sale, the trustee's deed passes your title "without right of redemption" (Utah Code § 57-1-28(3)). There is no buy-back period after a Utah trustee's sale.
- If the home is rented out, tenants get their own posted notice explaining federal rights to stay for a time (§ 57-1-25(3)(b)).
The deadlines that still matter and how to count them
- Payoff statement: the trustee must receive your written request at least 10 business days before the sale, sent by certified mail or a tracked courier. If it does not send the statement within five business days, it must cancel the sale or postpone it to at least 10 business days after it sends the statement (Utah Code § 57-1-31.5(2)).
- Relief and postponement: the servicer may postpone the sale to allow more time for relief talks without recording a new notice of default (§ 57-1-24.3(8)). Federal rules give extra protection to a complete application received more than 37 days before the sale.
- Court order: if you believe the foreclosure is wrong, talk to a lawyer before the sale. After a sale to a good-faith buyer, the trustee's deed recitals are conclusive evidence that notices were given (§ 57-1-28(2)).
- Count calendar days for the 20-day notice and business days for the payoff statement rules.
See your Utah sale date is set for a step-by-step plan.
What to do this week
- Call the trustee at the number sent with the notice. Confirm the date, time and courthouse.
- Send a written payoff statement request today, by certified mail or tracked courier, to the trustee's notice address.
- Ask the servicer in writing to postpone the sale while you are considered for relief, and get any agreement in writing.
- If the home has several lots that can be sold separately, you can attend the sale and tell the trustee what order to sell them in (§ 57-1-27(1)(c), (d)).
- Contact Utah Legal Services or a licensed attorney about whether any court action makes sense before the sale.
State help and scam warnings
The Utah State Courts foreclosure page explains the sale process and what happens to extra money from the sale. See also the Utah foreclosure help page.
- Watch for the warning signs the Utah courts list: upfront fees, promises that help will work, requests to sign over title, and pressure to act right away.
- A trustee in Utah has a duty not to defraud you (§ 57-1-25(5)). If something about the sale seems wrong, write it down and show legal aid.
The rest of the Utah process
See how foreclosure works in Utah, the timeline, ways to stop it and free help in Utah, or read the national guide to this letter.
Common questions
Can I buy my Utah home back after the trustee's sale?
No. Utah Code § 57-1-28(3) says the trustee's deed conveys the property without right of redemption. A 180-day redemption right applies only to court foreclosures with a sheriff's sale.
Will I get a new notice if my Utah sale is postponed?
Not always. The trustee only has to announce the postponement at the time and place last set for the sale. A new notice is needed only if the sale is pushed more than 45 days past the original date (Utah Code § 57-1-27(2)).
Where will my Utah trustee's sale be held?
At a courthouse serving the county where the home is, between 8 a.m. and 5 p.m., at the exact place and time in the notice (Utah Code § 57-1-25(2)). The trustee or its attorney runs the auction.
Other Utah letters
- 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.
- Notice of DefaultIn 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.
- Notice to quit and unlawful detainer (eviction) summons after a trustee's saleAfter 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.
- Court clerk's notice of deposited excess proceeds from a trustee's saleWhen 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.
- 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.
Sources
- Utah Code § 57-1-25 (notice of trustee's sale)
- Utah Code § 57-1-26 (mailing of notice of sale)
- Utah Code § 57-1-27 (public auction; postponement)
- Utah Code § 57-1-28 (trustee's deed; no right of redemption)
- Utah Code § 57-1-31.5 (payoff statement)
- Utah Code § 57-1-24.3 (postponement for relief negotiations)
- Utah State Courts: Foreclosure