A property in Utah can only be foreclosed upon without judicial involvement if there is a power of sale expressly in the loan documents. A power of sale can provide specific public notice requirements. However, if no public notice requirements are contained in the power of sale then the lender must follow state law which requires that a Notice of Sale be published for three consecutive weeks in a local newspaper with the last publication occurring between 10 -30 days prior to the sale. The Notice of Sale must also be posted prominently on the property and at the county recorder’s office for at least 30 days prior to the sale.
If the loan documents do not contain a power of sale and then lender is pursuing a foreclosure through the court system then initial notice is provided when the lawsuit is filed and as the court sees fit thereafter.
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