Utah Code
Utah Code § 57-1-24 (2026)
Sale of trust property by trustee -- Notice of default
✓ current as of May 2026
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The power of sale conferred upon the trustee who is qualified under Subsection
57-1-21(1)(a)(i)
or
(iv)
may not be exercised until:
the trustee first files for record, in the office of the recorder of each county where the trust property or some part or parcel of the trust property is situated, a notice of default, identifying the trust deed by stating the name of the trustor named in the trust deed and giving the book and page, or the recorder's entry number, where the trust deed is recorded and a legal description of the trust property, and containing a statement that a breach of an obligation for which the trust property was conveyed as security has occurred, and setting forth the nature of that breach and of the trustee's election to sell or cause to be sold the property to satisfy the obligation;
not less than three months has elapsed from the time the trustee filed for record under Subsection (1); and
Notes of Decisions
Cited in 17
cases (4 in the last 5 years), 1982–2022 · leading case: Daniels v. Deutsche Bank Nat'l Trust, 2021 UT App 105 (Utah Ct. App. 2021).
Daniels v. Deutsche Bank Nat'l Trust, 2021 UT App 105 (Utah Ct. App. 2021). “at, for nonjudicial foreclosures, the filing of a notice of default—rather than completion of a trustee’s sale— happen within the limitations period: “A person shall, within the period prescribed by law for the commencement of an action on an obligation secured by a trust deed:…”
Bank of Am. v. Adamson, 2017 UT 2 (Utah 2017). “Aside from not meeting the local office requirement of Utah Code section 57-1-21, ReconTrast satisfied all other requirements of the Trust Deed Act and qualifies under the National Bank Act as a trustee.”
Occidental/Nebraska Fed. Sav. Bank v. Mehr, 791 P.2d 217 (Utah Ct. App. 1990). “The defect is alleged to be in the sending of the notice of sale only two months after the filing of the amended notice of default, not the required three months, see Utah Code Ann. § 57-1-24 (1974). The notice of sale, however, was sent more than three months after the original…”
RJW Media, Inc. v. CIT Grp./Consum. Fin., Inc., 2008 UT App 476 (Utah Ct. App. 2008). “See Utah Code Ann. § 57-1-24 (Supp.2008). T27 In order to determine whether the trial court erred in finding that no reasonable fact-finder could determine that CIT acted with malice-actual or implied-we consider, *297 as a preliminary matter, whether RJW conducted its trustee's…”
Five F, L.L.C. v. Heritage Sav. Bank, 2003 UT App 373 (Utah Ct. App. 2003). “See Utah Code Ann. § 57-1-24 (2000). As for noticing the sale, the trustee is required to "give written notice of the time and place of sale particularly describing the property to be sold[,]" publish the notice under specific cireumstances, post the notice under certain…”
Reynolds v. Woodall, 2012 UT App 206 (Utah Ct. App. 2012). “8 See Utah Code Ann. § 57-1-24 (2010) (providing that the trustee must record a notice of default at least three months before giving notice of sale); id.”
Kelly v. Timber Lakes Prop., 2022 UT App 23 (Utah Ct. App. 2022). “See Utah Code Ann. § 57-1-24 (LexisNexis 2020).”
Gillman v. Preston Fam. Inv. Co. (In Re Richardson), 23 B.R. 434 (Bankr. D. Utah 1982). “See 6A Utah Code Ann. §§ 57-1-24 , 57-1-25, and 57-3-2; McCarthy v.”
Maynard v. Cannon, 650 F. Supp. 2d 1138 (D. Utah 2008). “The Notice of Default included information required by Utah Code Ann. § 57-1-24 (1). The notice described the Deed of Trust by identifying the original principal amount of the loan.”
Progressive Acquisition, Inc. v. Lytle, 806 P.2d 239 (Utah Ct. App. 1991). “A notice of default was filed with the county recorder in order to foreclose the trust deed pursuant to its power of sale provision and in accordance with Utah Code Ann. § 57-1-24 (1990). The notice of default also declared the entire debt immediately due and payable to the…”
Nyman v. McDonald, 966 P.2d 1210 (Utah Ct. App. 1998). “” Utah Code Ann. § 57-1-24 (1) (1994). However, within three months of a trustee’s filing of a notice of default, the debtor or someone acting in his behalf may pay to the beneficiary or his successor in interest the entire amount then due under the terms of such trust deed…”
Deleeuw v. Nationstar Mortg. LLC, 2018 UT App 59 (Utah Ct. App. 2018). “¶ 11 Utah Code section 57-1-34 provides that [a] person shall, within the period prescribed by law for the commencement of an action on an obligation secured by a trust deed: (1) commence an action to foreclose the trust deed; or (2) file for record a notice of default under…”
— Utah Code § 57-1-24(1) — 1 case
Nyman v. McDonald, 966 P.2d 1210 (Utah Ct. App. 1998). “” Utah Code Ann. § 57-1-24 (1) (1994). However, within three months of a trustee’s filing of a notice of default, the debtor or someone acting in his behalf may pay to the beneficiary or his successor in interest the entire amount then due under the terms of such trust deed…”
— Utah Code § 57-1-24(2) — 2 cases
Daniels v. Deutsche Bank Nat'l Trust, 2021 UT App 105 (Utah Ct. App. 2021). “at, for nonjudicial foreclosures, the filing of a notice of default—rather than completion of a trustee’s sale— happen within the limitations period: “A person shall, within the period prescribed by law for the commencement of an action on an obligation secured by a trust deed:…”
Progressive Acquisition, Inc. v. Lytle, 806 P.2d 239 (Utah Ct. App. 1991). “A notice of default was filed with the county recorder in order to foreclose the trust deed pursuant to its power of sale provision and in accordance with Utah Code Ann. § 57-1-24 (1990). The notice of default also declared the entire debt immediately due and payable to the…”
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