Utah Code » Title 78B, Chapter 6 — Particular Proceedings; part 78B-6-9 — Mortgage Foreclosure
Utah Code

Utah Code § 78B-6-901 (2026)

Form of action -- Judgment -- Special execution

✓ current as of May 2026
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There is only one action for the recovery of any debt, or the enforcement of any right, secured solely by mortgage upon real estate and that action shall be in accordance with the provisions of this chapter.
A judgment shall include:
the amount due, with costs and disbursements;
an order for the sale of mortgaged property, or a portion of it to satisfy the amount and accruing costs;
direction to the sheriff to proceed and sell the property according to the provisions of law relating to sales on execution; and
a special execution or order of sale shall be issued for that purpose.
Notes of Decisions
Cited in 8 cases, 2011–2016 · leading case: Franklin Credit Mgmt. Corp. v. Hanney, 2011 UT App 213 (Utah Ct. App. 2011).
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Franklin Credit Mgmt. Corp. v. Hanney, 2011 UT App 213 (Utah Ct. App. 2011). · cites it 4× “" Utah Code Ann. § 78B-6-901(2) (Supp.2010).”
DiMeo v. Nupetco Assocs., LLC, 2013 UT App 188 (Utah Ct. App. 2013). · cites it 2× “Indeed, this is the remedy the law requires Nupeteo to pursue because the "one action" or "security first" rule prevents Nu-peteo from pursuing a judgment against Michael personally until the security interest in real property has been first applied against the amount due.”
2010-1 RADC/CADC Venture, LLC v. Dos Lagos, LLC, 2016 UT App 89 (Utah Ct. App. 2016). · cites it 2× “CJ Utah Code Ann. § 78B-6-901(1) (LexisNexis 2012) ("There is only one action for the recovery of any debt, or the enforcement of any right, secured solely by mortgage upon real estate and that action shall be in accordance with the provisions of this chapter.”
Royal Palm Corp. Ctr. Ass'n v. PNC Bank, NA, 89 So. 3d 923 (Fla. 4th DCA 2012). “§ 429 (consecutively); Utah Code § 78B-6-901 (one action); Wash.”
McQueen v. Jordan Pines Townhomes Owners Ass'n, 2013 UT App 53 (Utah Ct. App. 2013). · cites it 2× “§ 57 — 8—20(4)(b) (2010). . Attorneys may properly serve as trustees if they are qualified and appointed.”
Clark Props., Inc. v. JDW-CM, LLC, 2012 UT App 163 (Utah Ct. App. 2012). · cites it 2× “" Thus, the court demonstrated its willingness to listen to the parties.”
Town & Country Bank v. Stevens, 332 P.3d 387 (Utah Ct. App. 2014). · cites it 4× “See generally Utah Code Ann. § 78B-6-901 (LexisNexis 2012).”
Utah Cmty. Credit Union v. Robertson, 2013 UT App 66 (Utah Ct. App. 2013). “§§ 57-1-23 to -32 (LexisNexis 2010) (dealing with nonjudicial foreclosures) mth §§ 78B-6-901 to -909 (LexisNexis 2012) (dealing with mortgage foreclosures and deficiency judgments).”
— Utah Code § 78B-6-901(1) — 3 cases
DiMeo v. Nupetco Assocs., LLC, 2013 UT App 188 (Utah Ct. App. 2013). “Indeed, this is the remedy the law requires Nupeteo to pursue because the "one action" or "security first" rule prevents Nu-peteo from pursuing a judgment against Michael personally until the security interest in real property has been first applied against the amount due.”
2010-1 RADC/CADC Venture, LLC v. Dos Lagos, LLC, 2016 UT App 89 (Utah Ct. App. 2016). “CJ Utah Code Ann. § 78B-6-901(1) (LexisNexis 2012) ("There is only one action for the recovery of any debt, or the enforcement of any right, secured solely by mortgage upon real estate and that action shall be in accordance with the provisions of this chapter.”
Town & Country Bank v. Stevens, 332 P.3d 387 (Utah Ct. App. 2014). “See generally Utah Code Ann. § 78B-6-901 (LexisNexis 2012).”
— Utah Code § 78B-6-901(2) — 1 case
Franklin Credit Mgmt. Corp. v. Hanney, 2011 UT App 213 (Utah Ct. App. 2011). “" Utah Code Ann. § 78B-6-901(2) (Supp.2010).”
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