(1) A trust is created only if: (a) the settlor has capacity to create a trust, which standard of capacity shall be the same as for a person to create a will;. This page explains what a residential foreclosure is, the steps involved in the process, and where to get help.Learn about the Utah foreclosure process, including preforeclosure steps, foreclosure procedures, and homeowner rights. The lien of any mortgage or deed of trust on any real property that is not otherwise satisfied or discharged expires at the later of the following times. (Utah Code § 57131 (2023).) Also, the deed of trust might provide additional time to complete a reinstatement. In Utah there is no express requirement for the power of sale language to actually be in the trust deed. In the latter scenario, it's possible the decedent amended his trust when he did not have the mental capacity required to do so. A Deed of Trust creates a lien on real property as security or collateral for a loan.