Utah HOA Foreclosure Timeline Calculator — Nonjudicial Trust-Deed Sale

How this calculator works

This calculator projects the procedural posture and earliest permissible sale date for a Utah HOA nonjudicial trust-deed foreclosure. Given the default date, the Notice of Default recording date, the first Notice-of-Sale publication date, and an optional sale date, it returns:

1. The procedural posture (no-default-recorded, cure-window-open, cure-window-expired, sale-noticed-pre-sale, or sale-completed).
2. The end date of the three-month cure window under Utah Code § 57-1-25.
3. The earliest permissible first publication of the Notice of Sale.
4. The earliest and latest permissible sale dates within the four-week publication / 10-30 day post-publication window under Utah Code § 57-1-26.
5. A plain-language next-action recommendation.

The calculator models the NONJUDICIAL trust-deed sale procedure, which is the more common path in Utah HOA practice. The judicial-foreclosure path under the Utah Rules of Civil Procedure is materially slower and is not modeled.

Use the calculator at the start of a collection file to set client expectations, again before recording the Notice of Default to confirm the cure-clock baseline, and again before publishing the Notice of Sale to confirm the four-week publication and 10-30 day post-publication windows align with the desired sale date.

The relevant Utah Code § 57-8 / 57-8a statute

Utah Code § 57-1-23 — power of sale. The nonjudicial sale procedure is available when the instrument (trust deed in the lending context; declaration in the HOA context) grants the trustee a power of sale.

Utah Code § 57-1-24 — Notice of Default. The trustee records a Notice of Default with the county recorder identifying the trust deed (or declaration), the trustor, the trustee, the default, and the trustee's election to sell. Within 10 days of recording, copies must be mailed to the defaulting trustor and to junior lienholders of record.

Utah Code § 57-1-25 — three-month cure period. The trustor (owner) may cure by paying the delinquency plus trustee fees and costs at any time during the three months following the Notice of Default recording. Cure extinguishes the foreclosure action. The right is statutory and may not be waived.

Utah Code § 57-1-26 — Notice of Sale publication. After the cure window closes, the trustee publishes the Notice of Sale in a newspaper of general circulation in the county for four consecutive weeks. The last publication must occur 10 to 30 days before the sale date. The notice must also be posted at the property and at the county courthouse at least 20 days before the sale.

Utah Code § 57-1-27 — trustee sale. Conducted by the trustee at the date and time stated in the Notice of Sale, at the county courthouse or other location named in the notice.

Utah Code § 57-1-29 — priority of sale proceeds. Trustee fees and sale costs first; the obligation being foreclosed (the HOA lien) next; junior liens in order of priority; surplus to the trustor. Senior surviving liens (the recorded first mortgage in an HOA-junior-lien posture) are NOT paid from the sale proceeds — they survive the sale and continue to encumber the property.

Utah Code § 57-8-46(2) — HOA-specific nonjudicial foreclosure authorization for condominium projects under the Condominium Ownership Act.

Utah Code § 57-8a-302 — HOA-specific nonjudicial foreclosure authorization for planned-development HOAs under the Community Association Act.

Utah-specific gotchas

NONJUDICIAL FORECLOSURE REQUIRES POWER-OF-SALE GRANT. The nonjudicial procedure is available ONLY when the declaration grants the association a power of sale. Most modern Utah declarations include the grant; older declarations may not. Verify the declaration before assuming nonjudicial foreclosure is available.

THREE-MONTH CURE IS CALENDAR MONTHS, NOT 90 DAYS. Utah Code § 57-1-25 uses "three months" — calendar-month-by-calendar-month. A Notice of Default recorded January 15 has a cure window ending April 15 (90 days = April 15 in non-leap years; the statute and the calendar usually line up but can diverge by a day). The calculator uses 90 days as a conservative approximation; consult counsel for the exact statutory deadline.

FOUR-WEEK PUBLICATION + 10-30 DAY POST-PUBLICATION = MULTIPLE SALE-DATE CONSTRAINTS. Three deadlines must align: (a) four consecutive weeks of publication; (b) sale at least 10 days after the LAST publication; (c) sale not more than 30 days after the LAST publication. Sophisticated trustees publish on a fixed weekly day and schedule the sale on day 31 from first publication (10 days after the day-21 last publication) to maintain margin.

20-DAY POSTING IS SEPARATE FROM PUBLICATION. The 20-day posting requirement at the property and at the courthouse runs in parallel with the publication requirement; both must be satisfied. Posting documentation is the most common procedural defect — sophisticated trustees take dated photographs and maintain a posting log.

THE HOA LIEN IS JUNIOR; FIRST MORTGAGE SURVIVES. Because Utah did not adopt the UCIOA super-priority, the HOA-foreclosure sale does NOT extinguish the recorded first mortgage. The purchaser at the HOA sale takes subject to the first mortgage and must satisfy it (or take title subject to ongoing payments) to clear title. This significantly reduces the practical bidder pool at HOA foreclosure sales — sophisticated buyers either underbid to account for the surviving first mortgage or stay away entirely.

NO POST-SALE REDEMPTION FOR NONJUDICIAL SALES. The trustee's deed conveys clear title (subject to senior surviving liens). The owner has no post-sale redemption right under Utah Code § 78B-6-906 for nonjudicial trust-deed sales; that section applies only to judicial foreclosures. This is one of the principal advantages of the nonjudicial procedure.

BANKRUPTCY STAY HALTS THE PROCEDURE. A bankruptcy filing under 11 U.S.C. § 362 halts the foreclosure. The cure-period clock does not toll for bankruptcy in the same way other periods do; the trustee typically restarts the procedure post-stay.

What this calculator does NOT model

The calculator implements the NONJUDICIAL TRUST-DEED TIMELINE for the standard happy-path procedure. It does NOT:

• Model judicial foreclosure under the Utah Rules of Civil Procedure (use only when the declaration lacks a power of sale).
• Model the calendar-month-by-calendar-month exact computation of the three-month cure period.
• Validate the form, content, or recording of the Notice of Default or Notice of Sale.
• Model the bankruptcy automatic stay and its tolling effect on statutory periods.
• Compute the trustee fee schedule (county-by-county; typically $1,500-$3,500).
• Model junior-lienholder redemption under Utah Code § 78B-6-906 (judicial foreclosures only).
• Model deficiency-judgment limitations under Utah Code § 57-1-32.
• Account for federal Servicemember Civil Relief Act protections.

For any contested foreclosure, declaration interpretation question on power of sale, or bankruptcy-affected file, retain Utah counsel with HOA collection and trust-deed foreclosure experience.

Sources

Last reviewed: 2026-05-17 against:

• Utah Code § 57-1-23 (power of sale; nonjudicial sale authorized when granted by trust deed or declaration).
• Utah Code § 57-1-24 (Notice of Default recording and mailing requirements).
• Utah Code § 57-1-25 (three-month cure period).
• Utah Code § 57-1-26 (Notice of Sale publication — four consecutive weeks; last publication 10-30 days before sale; 20-day posting).
• Utah Code § 57-1-27 (trustee sale procedure).
• Utah Code § 57-1-29 (priority of payment from sale proceeds).
• Utah Code § 57-1-31 (cure and reinstatement rights through the moment of sale).
• Utah Code § 57-1-32 (deficiency-judgment limitations after nonjudicial sale).
• Utah Code § 57-8-46 (HOA-specific nonjudicial foreclosure authorization for condominium projects).
• Utah Code § 57-8a-302 (HOA-specific nonjudicial foreclosure authorization for planned-development HOAs).
• Utah Code § 78B-6-906 (redemption period — judicial foreclosures only).
• 11 USC § 362 (bankruptcy automatic stay).
• 11 USC § 523(a)(16) (non-dischargeability of post-petition association assessments).
• Community Associations Institute Utah Chapter practitioner publications on Utah HOA collection and foreclosure procedure.