Utah Code

Utah Code § 57-1-29 (2026)

Proceeds of trustee's sale -- Disposition

✓ current as of May 2026

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The trustee shall apply the proceeds of a trustee's sale in the following order:

first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the trustee's and attorney fees actually incurred not to exceed any amount provided for in the trust deed;

second, to payment of the obligation secured by the trust deed; and

the balance, if any, to the person or persons legally entitled to the proceeds; or

the 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.

If the proceeds are deposited with the clerk of the district court, the trustee shall file an affidavit with the clerk setting forth the facts of the deposit and a list of all known claimants, including known addresses.

Upon depositing the balance and filing the affidavit, the trustee is discharged from all further responsibility and the clerk shall deposit the proceeds with the state treasurer subject to the order of the district court.

The clerk shall give notice of the deposited funds to all claimants listed in the trustee's affidavit within 15 days of receiving the affidavit of deposit from the trustee.

A claimant may file a petition for adjudication of priority to the funds if the claimant pays to the court clerk a filing fee in the amount of $50.

A petitioner requesting funds under Subsection (3)(a) shall give notice of the petition to all claimants listed in the trustee's affidavit and to any other claimants known to the petitioner.

The petitioner's notice under Subsection (3)(b) shall specify that all claimants have 60 days to contest the petition by affidavit or counter-petition.

If no affidavit or counter-petition is filed within 60 days of the notice required by Subsection (3)(c), the court shall, without a hearing, enter an order directing the clerk of the court or the county treasurer to disburse the funds to the petitioner according to the petition.

If a petition for adjudication is contested by affidavit or counter-petition, the district court shall, within 20 days, conduct a hearing to establish the priorities of the parties to the deposited funds and give notice to all known claimants of the date and time of the hearing.

At a hearing under Subsection (4)(a), the court shall establish the priorities of the parties to the deposited funds and enter an order directing the clerk of the court or county treasurer to disburse the funds according to the court's determination.

A person having or claiming to have an interest in the disposition of funds deposited with the court under Subsection (1) who 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).

Notes of Decisions

Cited in 6 cases, 1984–2018 · leading case: Timm v. Dewsnup, 2003 UT 47 (Utah 2003).

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Timm v. Dewsnup, 2003 UT 47 (Utah 2003). · cites it 5× “” Utah Code Ann. § 57-1-29 (2000). This court has interpreted the meaning of legal entitlement, noting that [although § 57-1-29 does not specifically mention junior trust deeds or lienholders, the surplus from the sale stands in the place of the foreclosed real estate and is…”

Jones v. ERA Brokers Consol., 2000 UT 61 (Utah 2000). · cites it 7× “The Joneses contend that the trial court erred in awarding IRP approximately $107,000 of the surplus proceeds from a nonjudicial foreclosure sale made pursuant to Utah Code Ann. § 57-1-29 (Supp.1999). 1 *1130 BACKGROUND {2 On March 6, 1996, the Joneses conveyed 240 acres of real…”

Randall v. Valley Title, 681 P.2d 219 (Utah 1984). · cites it 3× “” § 57-1-29. The defendant, Valley Title Co.”

2793 South 3095 West v. Munford, 1 P.3d 1116 (Utah Ct. App. 2000). · cites it 18× “See Utah Code Ann. § 57-1-29 (Supp.1999) (stating after first applying proceeds to costs of sale, then to debt owed foreclosing lienor, trustee should pay "the balance, if any, to the person or persons legally entitled to the proceeds").”

Needham v. Fannie Mae, 854 F. Supp. 2d 1145 (D. Utah 2012). “86 to the Washington County District Court Clerk in accordance with provisions of § 57-1-29, Utah Code Annotated. [Fact 25 refers to a result in an allegedly similar case in this court.”

Trapnell & Assocs. LLC v. Legacy Resorts LLC, 2018 UT App 231 (Utah Ct. App. 2018). · cites it 2× “See Utah Code Ann. § 57-1-29 (1)(a)(i-ii) (LexisNexis Supp.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.