Utah at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | Utah allows both kinds of foreclosure. Under a trust deed the trustee has a power of sale and can sell the property without a court case after a breach of the secured obligation, even if the trust deed does not spell that power out. At the lender's option a trust deed may instead be foreclosed through the courts the way a mortgage is, which ends in a court judgment and a sheriff's sale. Utah Code §57-1-23; Utah Code §78B-6-901 Show the source texta trust deed may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property. The power of sale may be exercised by the trustee without express provision for it in the trust deed. |
| Who holds foreclosure surplus | After a trustee's sale, the trustee pays the costs of the sale and the secured debt, and then either pays the balance to the person or persons legally entitled to it or, at the trustee's choice, deposits the balance with the clerk of the district court in the county where the sale took place, along with an affidavit listing all known claimants. The clerk notifies the listed claimants within 15 days and deposits the money with the state treasurer subject to the court's order, and a claimant asks for it by filing a petition for adjudication of priority with a $50 filing fee. In a court foreclosure, surplus money is paid to the person entitled to it by court order and may be held by the court in the meantime. Utah Code §57-1-29(1)-(3); Utah Code §78B-6-904 Show the source textthe trustee, in the trustee's discretion, may deposit the balance of the proceeds with the clerk of the district court of the county in which the sale took place |
| Claim window for foreclosure surplus | Utah Code §57-1-29 does not set a deadline for filing a petition for the deposited funds, but it sets deadlines inside the case: other claimants have 60 days after notice of a petition to contest it, and if no one does, the court orders the money paid to the petitioner without a hearing; if it is contested, the court holds a hearing within 20 days. A person with a claim who fails to appear and assert it is barred from any claim to the funds once the court enters its order after that hearing. Separately, Utah's unclaimed property law presumes property held by a court abandoned one year after it becomes distributable. Utah Code §57-1-29(3)-(5); Utah Code §67-4a-201(10) Show the source textwho fails to appear and assert the person's claim is barred from any claim to the funds after the entry of the court's order under Subsection (4) |
| Tax sale excess proceeds | Utah is a tax deed state: the county auditor sells tax-delinquent real property at a public tax sale held in May or June after four years of delinquency, the property may be redeemed at any time before the tax sale, and the auditor then gives the buyer a tax deed. The sale money is paid into the county treasury, and any amount above the delinquent taxes, tax notice charges, penalties, interest and administrative costs must be treated as unclaimed property under Utah's Revised Uniform Unclaimed Property Act. Utah Code §59-2-1351.1(7)-(9); Utah Code §59-2-1346(1) Show the source textAny sale funds which are in excess of the amount required to satisfy the delinquent taxes, tax notice charges, penalties, interest, and administrative costs of the delinquent property shall be treated as unclaimed property under Title 67, Chapter 4a |
| Redemption after the sale | It depends on the kind of foreclosure. After a trustee's sale under a trust deed, the process that does not go through a court, there is no right of redemption: the trustee's deed conveys the property to the buyer without right of redemption. After a court-ordered foreclosure sale, the property may be redeemed within 180 days after the sale. Utah Code §57-1-28(3); Utah Code §78B-6-906(1); Utah R. Civ. P. 69C(d) Show the source textThe trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest, and claim of the trustor |
| Rules for recovery companies | For property held by the state's unclaimed property administrator, an agreement to pay someone to locate or recover it is enforceable only if it is in a signed record that clearly states the nature of the property and the services and shows the value expected to be recovered before and after the fee. The agreement is void if it is made within 24 months after the property was paid or delivered to the administrator. This part of the Utah Code does not state a percentage cap, but compensation that is unconscionable is unenforceable and a court can reduce it, and these limits do not apply to an owner's agreement with an attorney to pursue a claim for specifically identified property. Utah Code §67-4a-1301; Utah Code §67-4a-1302; Utah Code §67-4a-1303 Show the source textagreement under Section 67-4a-1301 is void if the agreement is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending 24 months after the payment or delivery |
How surplus funds arise in Utah
When a home in Utah is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Utah
We confirm the sale figures in the public record, identify which office in Utah is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Utah that program is the Unclaimed Property Division, Office of the Utah State Treasurer (mycash.utah.gov).
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Utah law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Utah
Utah regulates this kind of service. For property held by the state's unclaimed property administrator, an agreement to pay someone to locate or recover it is enforceable only if it is in a signed record that clearly states the nature of the property and the services and shows the value expected to be recovered before and after the fee. The agreement is void if it is made within 24 months after the property was paid or delivered to the administrator. This part of the Utah Code does not state a percentage cap, but compensation that is unconscionable is unenforceable and a court can reduce it, and these limits do not apply to an owner's agreement with an attorney to pursue a claim for specifically identified property. (Utah Code §67-4a-1301; Utah Code §67-4a-1302; Utah Code §67-4a-1303)
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Utah
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Utah, from locating the funds to filing the claim.
After a trustee's sale, the trustee pays the costs of the sale and the secured debt, and then either pays the balance to the person or persons legally entitled to it or, at the trustee's choice, deposits the balance with the clerk of the district court in the county where the sale took place, along with an affidavit listing all known claimants. The clerk notifies the listed claimants within 15 days and deposits the money with the state treasurer subject to the court's order, and a claimant asks for it by filing a petition for adjudication of priority with a $50 filing fee. In a court foreclosure, surplus money is paid to the person entitled to it by court order and may be held by the court in the meantime.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.