Utah Code
Utah Code § 57-1-34 (2026)
Sale of trust property by trustee -- Foreclosure of trust deed -- Limitation of actions
✓ current as of May 2026
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A person shall, within the period prescribed by law for the commencement of an action on an obligation secured by a trust deed:
commence an action to foreclose the trust deed; or
file for record a notice of default under Section 57-1-24.
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 1996–2024 · 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). “The court concluded that the “statute of limitations applicable” to Bank’s right to foreclose was “established by the version of Utah Code Ann. § 57-1-34 that was in effect at the time this action was commenced.”
Johnson v. Nationstar Mortg., 2020 UT App 127 (Utah Ct. App. 2020). “But Appellees asserted that under Utah Code section 57-1-34, which addresses how the limitations period is satisfied with respect to judicial and nonjudicial foreclosures, see generally Utah Code Ann. § 57-1-34 (LexisNexis Supp.”
Deleeuw v. Nationstar Mortg. LLC, 2018 UT App 59 (Utah Ct. App. 2018). “Utah Code Ann. § 57-1-34 (LexisNexis 2009) (emphasis added).”
Insight Assets, Inc. v. Farias, 2013 UT 47 (Utah 2013). “§ 57-1-34 (''The trustee's sale of property under a trust deed shall be made, or an action to foreclose a trust deed as provided by law for the foreclosure of mortgages on real property shall be commenced, within the period prescribed by law for the commencement of an action on…”
Koyle v. Sand Canyon Corp., 683 F. App'x 715 (10th Cir. 2017). “9 See Utah Code Ann. § 57-1-34 (West 2016) (“A person shall, within the period prescribed by law for the commencement of an action on an obligation secured by a trust deed .”
Jeppesen v. Bank of Utah, 2018 UT App 234 (Utah Ct. App. 2018). “" Utah Code Ann. § 57-1-34 (LexisNexis Supp.”
Lewis v. U.S. Bank Trust, 2024 UT App 3 (Utah Ct. App. 2024). “Bank’s Judicial Foreclosure Claim ¶24 Lewis challenges the district court’s conclusion that the statute of limitations on U.”
Psb Credit Servs., Inc. v. Rich, 552 N.W.2d 58 (Neb. Ct. App. 1996). “An example of a specific limitation is found in the Utah Code Ann. § 57-1-34 (1994): The trustee’s sale of property under a trust deed shall be made, or an action to foreclose a trust deed as provided by law for the foreclosure of mortgages on real property shall be commenced,…”
Orvin v. Nat'l City Mortg. (D. Utah 2023). “§ 70A-3-118(1), the six-year limitations period did not begin to run until the unaccelerated debt secured by the Trust Deed became due (June 1, 2021).30 GHI and SLS are correct.”
Terry v. MEB Loan Trust II (Bankr. D. Utah 2023). “” In other words, this code section “plainly requires that a court determine the statute of limitations for foreclosure under a deed of trust by reference to the limitations period on the underlying obligation.”
— Utah Code § 57-1-34(2) — 1 case
Johnson v. Nationstar Mortg., 2020 UT App 127 (Utah Ct. App. 2020). “But Appellees asserted that under Utah Code section 57-1-34, which addresses how the limitations period is satisfied with respect to judicial and nonjudicial foreclosures, see generally Utah Code Ann. § 57-1-34 (LexisNexis Supp.”
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