Utah Judgment Foreclosing Mortgage and Ordering Sale
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How to fill out Judgment Foreclosing Mortgage And Ordering Sale?
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FAQ
DEED IN LIEU OF FORECLOSURE - To avoid foreclosure when you know you will be unable to make your payments, you may consider handing over your deed to the lender. This is also called voluntary repossession. It means you are giving your house back to the lender.
Usually lenders start foreclosure proceedings when they think you have not made your mortgage payments. Once foreclosure is complete you no longer own your home and two things can happen: The lender can then sell your home to collect the money you owe on your home loan. You can be evicted from the home.
A non judicial foreclosure in Utah can be completed in about 4 months if it is not contested by the borrower. The time frame for a judicial foreclosure depends on the court's schedule and the rulings of the court.
At the foreclosure sale, the property will be sold to the highest bidder, which is usually the bank that is foreclosing on your mortgage. At the sale, the bank doesn't have to bid cash. It can bid the amount that you owe them and relieve you of all further financial responsibility.
No Redemption Period After a Foreclosure Sale in Utah Some states have a law that gives a foreclosed homeowner time after the foreclosure sale to redeem the property. In Utah, though, you don't get a redemption period after a nonjudicial foreclosure. (Utah Code Ann. § 57-1-28(3)).
Some states also provide foreclosed borrowers a redemption period after the foreclosure sale, during which they can buy back the home. Under Utah law, however, foreclosed homeowners don't get a right of redemption after a nonjudicial foreclosure. (Utah Code Ann. § 57-1-28(3)).
Therefore, a lender seeking to foreclose on a property secured by a trust deed must ?(1) commence an action to foreclose the trust deed, or (2) file for record a notice of default under [Utah Code] Section 57-1-24? before the six-year statute of limitations period expires. See Utah Code Ann. § 57-1-34.
Under federal law, the servicer usually can't officially begin a foreclosure until you're more than 120 days past due on payments, subject to a few exceptions.