Utah Code
Utah Code § 57-1-27 (2026)
Sale of trust property by public auction -- Postponement of sale
✓ current as of May 2026
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On the date and at the time and place designated in the notice of sale, the trustee or the attorney for the trustee shall sell the property at public auction to the highest bidder.
The trustee, or the attorney for the trustee, shall conduct the sale and act as the auctioneer.
The trustor, or the trustor's successor in interest, if present at the sale, may direct the order in which the trust property shall be sold, if the property consists of several known lots or parcels which can be sold separately.
The trustee or attorney for the trustee shall follow the trustor's directions described in Subsection (1)(c).
Any person, including the beneficiary or trustee, may bid at the sale.
The trustee may bid for the beneficiary.
A bid is considered an irrevocable offer.
The trustee may, in the trustee's discretion, require a successful bidder to make a deposit in an amount set forth in the notice of trustee's sale described in Section 57-1-25.
If the highest bidder refuses to pay the amount bid by the highest bidder for the property, the trustee, or the attorney for the trustee, shall either:
renotice the sale in the same manner as notice of the original sale is required to be given; or
sell the property to the next highest bidder.
If a bidder refuses to pay the bid price:
the bidder is liable for any loss occasioned by the refusal, including interest, costs, and trustee's and reasonable attorney fees;
the trustee or the attorney for the trustee may, after the bidder's refusal, reject any other bid of that person for the property;
the bidder forfeits the bidder's deposit; and
the bidder's deposit is treated as additional sale proceeds applied in accordance with Section 57-1-29.
The person conducting the sale may, for any cause that the person considers expedient, postpone the sale.
The person conducting the sale shall give notice of each postponement by public declaration at the time and place last appointed for the sale.
No notice of the postponed sale in addition to the notice described in Subsection (2)(b) is required, unless the postponement is for longer than 45 days after the date designated in the original notice of sale.
If the person conducting the sale postpones a sale for longer than the time period described in Subsection (2)(c), the person conducting the sale shall renotice the sale in the same manner required for the original notice of sale.
Notes of Decisions
Cited in 11
cases (4 in the last 5 years), 1984–2022 · leading case: Five F, L.L.C. v. Heritage Sav. Bank, 2003 UT App 373 (Utah Ct. App. 2003).
Five F, L.L.C. v. Heritage Sav. Bank, 2003 UT App 373 (Utah Ct. App. 2003). “" Utah Code Ann. § 57-1-27 (2000). "Any person, including the beneficiary or trustee, may bid at the sale.”
Phillips v. Skabelund, 2021 UT App 2 (Utah Ct. App. 2021). “Appellants’ original complaint sought to set aside the trustee’s deed for violations of Utah Code section 57-1-27(2), which sets out the requirements for additional notice when a trustee’s sale is postponed beyond its originally noticed date.”
Thomas v. Johnson, 801 P.2d 186 (Utah Ct. App. 1990). “We find it necessary to address only his contention that he is entitled to have the trustee’s sale set aside because it was not conducted in compliance with the requirements of section 57-1-27(1). That section provides that, on the date designated in the notice of trustee’s…”
Antion Fin., LC v. Christensen, 2013 UT App 60 (Utah Ct. App. 2013). “See Utah Code Ann. § 57-1-27 (1) (LexisNexis 2010).”
Green v. United States, 434 F. Supp. 2d 1116 (D. Utah 2006). “2d at 188-89 ; Utah Code Ann. § 57-1-27 (l)(a) (2003). In a footnote, the Court specifically addressed the issue of credit bids, stating: [W]e believe that a credit bid by the beneficiary of a trust deed is a bid “payable in lawful money of the United States,” even though the…”
Kelly v. Timber Lakes Prop., 2022 UT App 23 (Utah Ct. App. 2022). “” He asserts that because the value of the Property far exceeded the past due assessment amount and because Utah Code section 57-1-27 allowed Timber Lakes to postpone the sale for up to 45 days without having to (continued…) 20191079-CA 33 2022 UT App 23 Kelly v.”
Randall v. Valley Title, 681 P.2d 219 (Utah 1984). “Although § 57-1-28 requires the purchaser to pay the amount bid by him, it is clear from § 57-1-27 that the trustee is responsible to take action if the purchaser fails to pay that price.”
Capri Sunshine, LLC v. E & C Fox Inv., LLC, 2015 UT App 231 (Utah Ct. App. 2015). “See id, §§ 57-1-27, -28, 14 Although it has provided ample an-thority supporting its right to redeem the property, Capri has not provided any legal authority or reasoned analysis supporting the proposition that Fox Investments' inflated payoff amount violates the duties…”
Kelly v. Timber Lakes Prop., 2022 UT App 23 (Utah Ct. App. 2022). “” He asserts that because the value of the Property far exceeded the past due assessment amount and because Utah Code section 57-1-27 allowed Timber Lakes to postpone the sale for up to 45 days without having to (continued…) 20191079-CA 33 2022 UT App 23 Kelly v.”
Nelson v. Hills, 2022 UT 6 (Utah 2022). “See UTAH CODE § 57-1-27 (providing that a bidder at a sale of trust property by public auction makes an “irrevocable offer” and, in the event of a refusal to pay, loses her deposit and is liable for 10 Cite as: 2022 UT 6 Opinion of the Court form of the verb “revoke” is used in…”
Elton, Inc. v. United States, Farmers Home Admin. (In re Boswell Land & Livestock, Inc.), 86 B.R. 665 (D. Utah 1988). “Elton further asserts that under Utah Code Ann. § 57-1-27 , it is entitled to direct the order of sale because the statute allows the trustor or his successor in interest to direct the order of sale of several parcels encumbered by a trust deed.”
— Utah Code § 57-1-27(1) — 2 cases
Thomas v. Johnson, 801 P.2d 186 (Utah Ct. App. 1990). “We find it necessary to address only his contention that he is entitled to have the trustee’s sale set aside because it was not conducted in compliance with the requirements of section 57-1-27(1). That section provides that, on the date designated in the notice of trustee’s…”
Antion Fin., LC v. Christensen, 2013 UT App 60 (Utah Ct. App. 2013). “See Utah Code Ann. § 57-1-27 (1) (LexisNexis 2010).”
— Utah Code § 57-1-27(2) — 2 cases
Phillips v. Skabelund, 2021 UT App 2 (Utah Ct. App. 2021). “Appellants’ original complaint sought to set aside the trustee’s deed for violations of Utah Code section 57-1-27(2), which sets out the requirements for additional notice when a trustee’s sale is postponed beyond its originally noticed date.”
Thomas v. Johnson, 801 P.2d 186 (Utah Ct. App. 1990). “We find it necessary to address only his contention that he is entitled to have the trustee’s sale set aside because it was not conducted in compliance with the requirements of section 57-1-27(1). That section provides that, on the date designated in the notice of trustee’s…”
— Utah Code § 57-1-27(l)(a) — 1 case
Antion Fin., LC v. Christensen, 2013 UT App 60 (Utah Ct. App. 2013). “See Utah Code Ann. § 57-1-27 (1) (LexisNexis 2010).”
— Utah Code § 57-1-27(l)(b) — 1 case
Antion Fin., LC v. Christensen, 2013 UT App 60 (Utah Ct. App. 2013). “See Utah Code Ann. § 57-1-27 (1) (LexisNexis 2010).”
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