Utah Code

Utah Code § 57-1-25 (2026)

Notice of trustee's sale -- Description of property -- Time and place of sale

✓ current as of May 2026

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The trustee shall give written notice of the time and place of sale particularly describing the property to be sold:

by publication of the notice:

at least three times;

at least once a week for three consecutive weeks;

the last publication to be at least 10 days but not more than 30 days before the date the sale is scheduled; and

in a newspaper having a general circulation in each county in which the property to be sold, or some part of the property to be sold, is situated; and

in accordance with Section 45-1-101 for 30 days before the date the sale is scheduled;

by posting the notice:

at least 20 days before the date the sale is scheduled; and

in some conspicuous place on the property to be sold; and

at the office of the county recorder of each county in which the trust property, or some part of it, is located; and

if the stated purpose of the obligation for which the trust deed was given as security is to finance residential rental property:

by posting the notice, including the statement required under Subsection (3)(b):

on the primary door of each dwelling unit on the property to be sold, if the property to be sold has fewer than nine dwelling units; or

in at least three conspicuous places on the property to be sold, in addition to the posting required under Subsection (1)(b)(ii)(A), if the property to be sold has nine or more dwelling units; or

by mailing the notice, including the statement required under Subsection (3)(b), to the occupant of each dwelling unit on the property to be sold.

The sale shall be held at the time and place designated in the notice of sale.

The time of sale shall be between the hours of 8 a.m. and 5 p.m.

The place of sale shall be clearly identified in the notice of sale under Subsection (1) and shall be at a courthouse serving the county in which the property to be sold, or some part of the property to be sold, is located.

The notice of sale shall be in substantially the following form:Notice of Trustee's SaleThe following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States at the time of sale, at (insert location of sale) ________________on __________(month\day\year), at __.m. of said day, for the purpose of foreclosing a trust deed originally executed by ____ (and ____, his wife,) as trustors, in favor of ____, covering real property located at ____, and more particularly described as:(Insert legal description)The current beneficiary of the trust deed is ______________________ and the record owners of the property as of the recording of the notice of default are _________________ and ____________________.Dated __________(month\day\year)._______________Trustee

If the stated purpose of the obligation for which the trust deed was given as security is to finance residential rental property, the notice required under Subsection (1)(c) shall include a statement, in at least 14-point font, substantially as follows:"Notice to TenantAs stated in the accompanying Notice of Trustee's Sale, this property is scheduled to be sold at public auction to the highest bidder unless the default in the obligation secured by this property is cured. If the property is sold, you may be allowed under federal law to continue to occupy your rental unit until your rental agreement expires, or until 90 days after the date you are served with a notice to vacate, whichever is later. If your rental or lease agreement expires after the 90-day period, you may need to provide a copy of your rental or lease agreement to the new owner to prove your right to remain on the property longer than 90 days after the sale of the property.You must continue to pay your rent and comply with other requirements of your rental or lease agreement or you will be subject to eviction for violating your rental or lease agreement.The new owner or the new owner's representative will probably contact you after the property is sold with directions about where to pay rent.The new owner of the property may or may not want to offer to enter into a new rental or lease agreement with you at the expiration of the period described above."

The failure to provide notice as required under Subsections (1)(c) and (3)(b) or a defect in that notice may not be the basis for challenging or invaliding a trustee's sale.

A trustee qualified under Subsection 57-1-21(1)(a)(i) or (iv) who exercises a power of sale has a duty to the trustor not to defraud, or conspire or scheme to defraud, the trustor.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1978–2021 · leading case: Far West Bank v. Robertson, 2017 UT App 213 (Utah Ct. App. 2017).

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Far West Bank v. Robertson, 2017 UT App 213 (Utah Ct. App. 2017). · cites it 7× “See generally Utah Code Ann. § 57-1-25 (1) (Lexis-Nexis 2010).”

Five F, L.L.C. v. Heritage Sav. Bank, 2003 UT App 373 (Utah Ct. App. 2003). · cites it 2× “Utah Code Ann. § 57-1-25 (2000). After the sale has been properly noticed, "the trustee .”

Blodgett v. Martsch, 590 P.2d 298 (Utah 1978). · cites it 4× “In effecting the public sale of the Blodgett tracts, Ashworth failed to comply with the statute (Section 57-1-25) which prescribes the procedure for public notice.”

Gillman v. Preston Fam. Inv. Co. (In Re Richardson), 23 B.R. 434 (Bankr. D. Utah 1982). · cites it 2× “” 6A Utah Code Ann. § 57-1-25 (1953, as amended).”

Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986). · cites it 2× “Codified Laws § 21-48-6 (1979) (notice by publication alone suffices); Utah Code Ann. § 57-1-25 (Supp. 1983) (notice by publication and posting notice on property to be sold, as well as three other public places in the city where property is to be sold).”

Concepts, Inc. v. First Sec. Realty Servs., Inc., 743 P.2d 1158 (Utah 1987). · cites it 2× “PER CURIAM: Plaintiffs appeal from a summary judgment in a declaratory judgment action, declaring a trustee’s sale conducted under a power of sale provision in a trust deed void as a matter of law for failure to comply with section 57-1-25 of the Utah Conveyances Act.”

Brimhall v. Ditech Fin., 2021 UT App 34 (Utah Ct. App. 2021). “§§ 57-1-25, -26 (Supp. 2020). In the notice of default sent to a default trustor, the servicer must “direct the default trustor to contact the single point of contact regarding foreclosure relief available through the beneficiary or servicer for which a default trustor may…”

— Utah Code § 57-1-25(1) — 1 case

Far West Bank v. Robertson, 2017 UT App 213 (Utah Ct. App. 2017). “See generally Utah Code Ann. § 57-1-25 (1) (Lexis-Nexis 2010).”

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