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Got a Notice of Default in Utah? What It Means and What You Can Do

Got a notice of default? Call to talk through your options for selling. A notice of default is serious, but it starts a process with months built into it. Here is what the notice means, what Utah law requires next, and the full list of options, including the ones that don't involve us.

Important notice

Utah House Options is not associated with the government, and our service is not approved by the government or your lender. We are a referral service, not a lender, attorney or housing counselor.

We help with one thing: selling the house. We cannot stop or delay a foreclosure, and we do not negotiate with lenders. If you want to keep the home, talk to your lender and a free HUD-approved housing counselor — call 800-569-4287. We never charge homeowners a fee.

In Utah, most home loans are secured by a trust deed. When a loan falls far enough behind, the trustee named in that deed records a notice of default with the recorder in the county where the house sits. The notice identifies the trust deed, says a default has happened, describes it, and states that the trustee has elected to sell the property to satisfy the debt.

Recording the notice starts a clock. It does not mean a sale date has been set, and it does not mean you have lost the house. You remain the owner, you can live there, and you have options — several of which are free.

What Utah law requires after a notice of default

Those are minimums. Servicers often move more slowly, and some loans carry additional federal or investor requirements. The letters you receive are the authority for your loan; if anything in them is unclear, a housing counselor can read them with you for free.

  • Three months, at minimum. The trustee cannot give notice of a sale until at least three months after the notice of default was recorded (Utah Code 57-1-24).
  • A chance to reinstate. Within three months of the recording you may pay the amount then due — missed payments plus allowed costs — and the loan is reinstated as if the default had not happened (Utah Code 57-1-31).
  • Public notice of the sale. The notice of sale must be published once a week for three consecutive weeks, posted on the property and at the county recorder at least 20 days before the sale, and posted on the state's public legal notice website (Utah Code 57-1-25).

Your options, side by side

We only help with one row: the as-is cash sale. If another row fits you better, we would rather you know now. Modifications, repayment plans and short sales are negotiated with your lender — a housing counselor or attorney is the right person for those, and a legitimate counselor never charges you up front.

OptionWhat it isGood fit when
ReinstatePay the past-due amount and costsThe shortfall was temporary and you can cover it
Repayment planSpread the past-due amount over several monthsYour income is back but not the lump sum
Loan modificationServicer changes rate, term or balanceThe payment itself is no longer affordable
RefinanceReplace the loanYou have equity and qualifying credit/income
List with an agentSell on the open marketYou have time and equity and want top price
Sell as-is for cashDirect sale to a home-buying companyYou want speed and certainty, or the house needs work
Short sale / deed in lieuLender accepts less or takes the deedYou owe more than the house is worth

When a cash sale makes sense

An as-is sale tends to fit when the house needs repairs you can't fund, when you have already decided to move, when you would rather sell than keep carrying a payment that no longer works, or when you want a fixed closing date instead of months on the market.

It does not fit when there is little or no equity, when you want the full retail price and have time to get it, or when you want to keep the home. Keeping the home is a conversation for your lender and a free HUD-approved housing counselor, not for us. Asking for an offer is a way to put a real number next to your choices, not a commitment.

What happens if you ask us for an offer

  • You answer six quick questions, or share the address and a way to reach you.
  • We pass it to one local home-buying company. Not a list, not an auction of your information.
  • They review the property, ask about your timeline and what you owe, and if it works, put a cash offer in writing.
  • You compare it with your other options — with your counselor, attorney or family if you like — and decide. Saying no costs nothing.
  • If you accept, a Utah title company handles the closing and pays off the loan and liens from the proceeds.

Red flags in the mail you are about to get

A recorded notice of default is public, so expect letters, cards and calls. Most are ordinary investors. Some are not. Walk away from anyone who wants money up front, tells you to stop talking to your lender, asks you to send your payments to them, says they work for the government or your bank, or wants you to sign over your deed in exchange for a promise you can buy the house back. If you are unsure about an offer — including one that came through us — ask a housing counselor or attorney to look at it before you sign.

Notice of Default Options — Questions Utah Homeowners Ask

Does a notice of default mean I have to move out?

No. You still own and can live in the house. A trustee's sale cannot be noticed until at least three months after the notice of default is recorded under Utah law.

Where can I see the notice of default on my house?

It is recorded with the county recorder where the property is located — for example the Salt Lake, Utah, Davis, Weber or Washington County Recorder. Most offer online document search.

Is a cash offer my only option?

Far from it. Reinstatement, repayment plans, modification, refinancing, listing, and short sales are all possible. A free HUD-approved counselor (800-569-4287) can walk through them with you.

Do you charge homeowners anything?

No. There is no fee to you, ever. The home-buying company we refer you to may compensate us if a sale happens.

Want a number to compare?

A free cash offer, no obligation, no pressure to decide. Call (385) 217-2467 or request a quote below.

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Notice of Default Options across the Utah area

Homeowners across Utah reach us, most often from the Wasatch Front and Washington County. Local detail for the cities we hear from most:

Get a no-obligation cash offer on your Utah house

Six quick questions tell you whether a cash offer is even possible — we publish who we can't help, too. Or skip it and use the short form below; a local home-buying company reaches out, usually within one business day. Rather talk first? Call (385) 217-2467.

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