Foreclosure & Alternatives Law
How Can a Lender Foreclose on a Property in Utah?
A Utah property may be foreclosed upon by a lender if the borrower is in default on the mortgage commitment. If the mortgage documents contain a power of sale clause then the lender may pursue a non judicial foreclosure by providing the borrower and the public with proper notice of the foreclosure and conducting the sale in accordance with the terms of the mortgage agreement and state law.
Some Utah loans do not contain a power of sale clause, however. In that case, the lender must sue the borrower in state court and the court must issue a judgment of foreclosure before the public can be provided notice of an upcoming foreclosure sale and before the foreclosure sale can be held.