UT
Utah
Utah mortgage foreclosures are usually nonjudicial trustee sales, and the trustee applies the proceeds in statutory order, holding or depositing surplus for those entitled. County tax sales generate excess proceeds held by the county, and Utah county practice on notice and claim requirements varies.
Terms commonly used in Utah
These are legally different procedures and are kept separate on purpose. Make sure you are reading the one that matches your sale.
Most Utah home foreclosures are nonjudicial trustee's sales conducted under a trust deed, governed by Utah Code section 57-1-29 and related provisions in the Utah Act Relating to Trust Deeds. After the trustee's sale, the trustee applies the proceeds to the costs of the sale, then the debt secured by the trust deed, and then to other persons legally entitled to the money, such as junior lienholders, in order of priority. If there is a genuine dispute about who should receive the leftover money or the trustee cannot easily determine entitlement, the trustee may deposit the excess proceeds with the district court in the county where the sale took place, along with an Affidavit of Deposit identifying everyone who might have a claim and their known addresses. The Utah courts then clerk notifies those listed people within 15 days. Anyone wanting a share of the funds must file a Petition for Adjudication of Priority to Funds on Trustee's Sale, and other claimants get 60 days to respond. If nobody responds, the court awards the money to the petitioner without a hearing; if someone contests it, the court holds a hearing within 20 days to decide priority.
Who may have a claim
- Former homeowner (trustor/grantor)
- Junior trust deed or mortgage holders
- Judgment lien creditors
- HOA with a recorded lien
- Mechanic's lien claimants
- Heirs or estate of a deceased former owner
Priority among claimants may depend on title, recorded liens, court orders, probate and state law. Being listed here does not mean a claim will succeed.
Where the money may be held
- Trustee who conducted the sale
- District Court Clerk (if funds are deposited with the court)
Commonly required documents
- Government-issued photo IDCommonly required
- Petition for Adjudication of Priority to Funds on Trustee's SaleCommonly required
- Copy of the Affidavit of Deposit filed by the trusteeCommonly required
- Proof of former ownership (deed)Commonly required
- Filing fee payment or fee waiver requestCommonly required
- Copy of the trust deed and noteSituation-dependent
- Lien documentation, if claiming as a lienholderSituation-dependent
- Death certificate and probate paperwork, if claiming as heirSituation-dependent
- Proof of service on other listed claimantsCommonly required
Could an attorney be needed?
Attorney may be advisable
Circumstances where legal help is more often advisable or required
- • The former owner is deceased
- • Probate has not been opened
- • Multiple heirs disagree
- • The claimant is a trust or business entity
- • Competing lienholders filed claims
- • Ownership is disputed
- • There is an assignment or transfer of claim
- • The claim requires a motion or petition
- • A hearing is scheduled
- • Another party objects
- • There are bankruptcy issues
- • There are judgments or unresolved liens
- • The claimant is a minor or incapacitated person
- • The deadline may have expired
- • The claimant lives outside the United States
- • The court requires representation for an entity
- • Local rules require attorney involvement
Dependable Funds Recovery is not a law firm and does not provide legal advice. When legal representation is required or advisable, clients may be referred to an independent licensed attorney.
Deadlines
Once you are notified of a deposit of excess proceeds, other listed claimants have 60 days to respond to a filed petition. There is no clearly stated statewide deadline for the trustee to decide whether to deposit funds with the court in the first place, so timing can vary by case.
- Trigger date
- filing of a Petition for Adjudication of Priority to Funds
- Varies by county or claim type
- No
- Confirmed against an official source
- Yes
- Source last checked
- 2026-08-04
Typical claim complexity
Moderate
Why, specifically:
- • Requires filing a court petition and serving other claimants
- • 60-day response window for competing claimants
- • Court forms are standardized statewide, which helps
- • Trustee has some discretion in deciding whether to deposit funds with the court
- • Multiple lienholders can complicate priority determinations
Complexity is shown so you can judge the work involved for yourself. A complex rating does not mean you cannot file on your own.
Official resources
Official links for Utah have not been verified and published yet.
Sources and review record
- Date last reviewed
- 2026-08-04
- Reviewed by
- Johnny — Dependable Funds Recovery
- Excess proceeds from trustee's sale — Utah Courts Self-Help Center (checked 2026-08-04)
- Utah Code § 57-1-29 – Proceeds of trustee's sale — Utah Code Ann. § 57-1-29 (checked 2026-08-04)
County, court, and trustee procedures may differ from statewide practice. Laws, forms, fees, and deadlines can change without notice.
This page is general information, not legal advice, and is not a substitute for reading the controlling statute, rule, order or official instructions for your case.
Optional
Guided claim checker
Answer a short set of questions about your Utah situation and we will show you, in plain English, which review steps typically apply. This is general education only — not legal advice, and not a guarantee that funds exist or can be recovered.
Not sure which process applies to your case?
Submitting information does not create an attorney-client relationship, guarantee eligibility, or guarantee recovery. You may be able to pursue a claim directly through the applicable court, county, trustee, or government agency.