- Who sends it
- Your lender or its servicer, mailed to your current address or the property address
- What it starts
- At least 30 days to pay the itemized cure amount before a notice of default can be recorded
- Do this first
- Call the single point of contact named in the letter and ask for a foreclosure relief application
What this letter is in Utah
Utah Code § 57-1-24.3(2) says that before a notice of default is filed, the beneficiary or servicer must designate a single point of contact and send you a written notice. The statute does not give the letter a fixed title. The Utah State Courts call this step the "preforeclosure notice."
The letter must say the lender intends to file a notice of default, state the nature of the default, list the total amount needed to cure it broken down by each part, and give a date at least 30 days after it was sent to pay that amount. It must give the name, phone number, email and mailing address of the single point of contact and tell you to contact that person about foreclosure relief, if the servicer offers any.
The section covers loans for personal or household use secured by a trust deed on a home the owner lives in as a main home. It defines the lender as a financial institution such as a bank, savings institution, industrial bank or credit union, or another entity under the Utah Commissioner of Financial Institutions (§ 57-1-24.3(1)).
What it does and does not mean
- It is not a notice of default. Nothing has been recorded with the county yet.
- It is a warning that a notice of default can follow if you do not cure by the date in the letter.
- It does not mean the lender must offer or approve help. Utah law does not require a servicer to create a relief program or approve an application (§ 57-1-24.3(10)).
- It does give you a named person who must make reasonable, good faith efforts to consider you for relief you are eligible for and tell you the decision in writing (§ 57-1-24.3(5)).
The deadline it starts and how to count it
- Look for the cure date printed in the letter. By law it must be at least 30 days after the day the letter was sent, so count from the mailing date, not the day you opened it (§ 57-1-24.3(2)(b)(ii)(C)). Treat the printed date as your deadline.
- Federal rules generally keep a servicer from making the first foreclosure filing until you are more than 120 days behind (12 C.F.R. § 1024.41(f)).
- After a notice of default is recorded, you can still apply to the single point of contact for relief at any time before the three-month period after recording ends (§ 57-1-24.3(3)).
- If you apply, you must send all the financial information the single point of contact asks for within the time the servicer sets (§ 57-1-24.3(4)).
See how long foreclosure takes in Utah for the whole timeline.
What to do this week
- Mark the cure date from the letter on your calendar.
- Call or email the single point of contact. Ask what relief is offered and for an application.
- Gather proof of income, a list of your monthly expenses and recent tax returns, and send them by the date the servicer gives you. Keep copies and proof you sent them.
- If you can pay the cure amount, ask the servicer to confirm the exact figure in writing before you pay.
- Read how to stop foreclosure in Utah for every option and its cutoff.
Free help in Utah and scam warnings
The Utah State Courts foreclosure page explains each step and lists HUD-approved housing counselors through the CFPB's search by ZIP code. Utah Legal Services offers free civil legal help to people with low incomes. More options are on the Utah foreclosure help page.
- The Utah courts list scam warning signs: demands for upfront payment, promises that the help will work, being asked to sign over your title, and high-pressure tactics.
- In Utah, paid loan modification help is a licensed activity, and a licensee cannot charge you before you have a written offer from your lender and accept it (Utah Code § 61-2c-301(1)(u)). Report problems to the Utah Division of Real Estate.
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
How long do I have to cure after a Utah pre-default notice?
Until the date printed in the letter, which must be at least 30 days after the day the servicer sent it (Utah Code § 57-1-24.3(2)). If you do not cure by then, the trustee may record a notice of default.
Who is the single point of contact in my Utah letter?
A person the lender or servicer names to talk with you about the foreclosure and any relief, and to handle the notice of default, notice of sale and any postponement (Utah Code § 57-1-24.3(1)(i)). The letter must list that person's phone, email and mailing address.
I never got this letter but a notice of default was recorded. Is that allowed?
The rule applies to loans held by financial institutions such as banks and credit unions, so not every lender is covered. Even when it applies, a missing notice does not undo a sale to a good-faith buyer, but you may have other remedies, including money damages (Utah Code § 57-1-24.3(13), (14)). Talk with legal aid before the sale.
Other Utah letters
- 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 of Trustee's SaleThe 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.
- 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.