Does a Foreclosure Notice Always Mean You Will Lose Your House?


A Utah foreclosure proceeding can be a very scary prospect and is not something that you want to handle on your own. If you are in the middle of a home foreclosure and are not sure where to turn or what to do, the experienced bankruptcy and foreclosure lawyers at JLT Law can explain all of your legal rights to you and help streamline the process.

Types of Utah Foreclosure Proceedings

Most foreclosure proceedings in the State of Utah are non-judicial. As such, they occur outside of the courtroom. As part of a foreclosure proceeding, the lender is legally required to provide 3 notices to the defaulting borrower: (1) a notice of intent to file a notice of default; (2) a notice of default; and (3) a notice of sale.

Before commencing the actual foreclosure proceedings, the lender must mail the borrower a notice of intent to file a notice of default. Receipt of this notice does not necessarily mean that you will lose your house. Rather, the notice contains information about who the borrower can contact in order to try and obtain a mortgage modification or some other type of foreclosure relief. The borrower then has 30 days to pay the amount due and eliminate the default.   

The notice of default officially begins the foreclosure proceedings, and the trustee must record a notice of default in the county recorder’s office at least 3 months before providing a notice of sale.

A notice of sale must be mailed to the borrower at least 20 days prior to the sale of the property. This notice must also be:

  • Published and circulated in a newspaper; and
  • Posted directly on the subject property at least 20 days prior to the property sale

A borrower may also be able to reinstate the mortgage before the foreclosure sale by catching up on the missed mortgage payments, plus all outstanding fees and costs. However, in Utah, foreclosed homeowners are not permitted to redeem their home after a non-judicial foreclosure.

Contact a Salt Lake City, Utah Foreclosure Lawyer Today to Discuss Your Case

Property foreclosure can be a very scary process full of uncertainty. The foreclosure attorneys at JLT Law have the legal expertise to assist you every step of the way throughout the foreclosure process. You should feel free to contact Attorney Jory L. Trease at any time by phone or online.