| What we do for you |
We don’t judge you; we help you stop the foreclosure process, at the earliest. We listen to all that you have to say and ask, analyze your case and then provide you with options to build a strategy, most suitable to you. With a well-chartered plan in hand, we then approach your lender and negotiate on your behalf to help him stop the foreclosure process. Our credibility and years of experience helps us to solve your case much faster. Some of the ways in which
we stop the foreclosure process are:
 Reinstatement Plan
Repayment Plan
Loan Modification
Loan Restructuring
Loan Refinance
Forbearance Agreement
Redemptions
Partial Claim
Pre-Foreclosure Sale
Short Sale
Deed-in-Lieu of Foreclosure
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Utah foreclosure laws & foreclosure news from Utah |
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: Yes
- Primary Security Instrument: Deed of Trust, Mortgage
- Timeline: Varies
- Right of Redemption: Yes
- Deficiency Judgments Allowed: Yes
In Utah, lenders may foreclose on a mortgage in default by using the judicial foreclosure process.
Judicial Foreclosure
The judicial foreclosure process is one in which the lender must file a complaint against the borrower and obtain a decree of sale from a court having jurisdiction in the county where the property is located before foreclosure proceedings can begin. Generally, if the court finds the borrower in default, they will give them a set period of time to pay the delinquent amount, plus costs. If the borrower does not pay within the set period of time, the court will then order the property to be sold in the manner of normal execution sales.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:
1. A notice of sale must be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the county where the property is to be sold. The last publication must be at least ten (10) days but not more than thirty (30) days before the date of sale is scheduled.
2. The notice of sale must also be posted, at least twenty (20) days before the date of sale is scheduled, in some conspicuous place on the property to be sold and at the office of the county recorder of each county in which the property is located.
3. The place of sale must be clearly advertised in the notice of sale and the sale must be held between the hours of 8 am and 5 pm.
4. Borrowers do have a right of redemption in Utah, but the court may extend the redemption time past the time allowed in regular judgments so there is no set length of time.
It is possible to obtain a deficiency judgment against the borrower for the difference between the amount the borrower owed on the original loan and the foreclosure sale price and the lender may be able to seize the property until the differing amount is paid.
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| Testimonial |
"Dear Brian,
I can't even begin to thank you enough for the amazing service you provided us. I must admit, I came to you with small expectations. My husband Doug had been laid off and we were 2 months behind on our mortgage. You took the bull by the horns and immediately started talking with our mortgage company. Before we knew it, we had worked out a deal to keep our home and keep our payments the same. What really impressed us was the sensitivity you used in working with us and allowing us to maintain our dignity throughout this unfortunate period. Thanks again."
Lori & Doug - Colombus, OH
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