Utah Code §§ 78B-6-314, 78B-6-901.5 § 78B-6-901.5

Notice to tenant on residential property to be foreclosed.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026UtahNotices & Entry

Operative Text

Utah Code §§ 78B-6-314, 78B-6-901.5 § 78B-6-901.5
Notice to tenant on residential property to be foreclosed.

(1) As used in this section, "residential rental property" means property on which a mortgage was given to secure an obligation the stated purpose of which is to finance residential rental property.
(2) Within 20 days after filing an action under this part to foreclose property that includes or constitutes residential rental property, the plaintiff in the action shall:

(a) post a notice:
(i) on the primary door of each dwelling unit on the property that is the subject of the foreclosure action, if the property has fewer than nine dwelling units; or
(ii) in at least three conspicuous places on the property that is the subject of the foreclosure action, if the property to be sold has nine or more dwelling units; or
(b) mail a notice to the occupant of each dwelling unit on the property that is the subject of the foreclosure action.
(3) The notice required under Subsection (2) shall:

(a) be in at least 14-point font;
(b) include the name and address of:
(i) the owner of the property;
(ii) the trustor or mortgagor, as the case may be, on the instrument creating a security interest in the property;
(iii) the trustee or mortgagee, as the case may be, on the instrument; and
(iv) the beneficiary, if the instrument is a trust deed;
(c) contain the legal description and address of the property; and
(d) include a statement in substantially the following form:
"Notice to Tenant
An action to foreclose the property described in this notice has been filed. If the foreclosure action is pursued to its conclusion, the described property will be sold at public auction to the highest bidder unless the default in the obligation secured by this property is cured.
If the property is sold, you may be allowed under federal law to continue to occupy your rental unit until your rental agreement expires, or until 90 days after the sale of the property at auction, whichever is later. If your rental or lease agreement expires after the 90-day period, you may need to provide a copy of your rental or lease agreement to the new owner to prove your right to remain on the property longer than 90 days after the sale of the property.
You must continue to pay your rent and comply with other requirements of your rental or lease agreement or you will be subject to eviction for violating your rental or lease agreement.
The new owner or the new owner's representative will probably contact you after the property is sold with directions about where to pay rent.
The new owner of the property may or may not want to offer to enter into a new rental or lease agreement with you at the expiration of the period described above."
(4) The failure to provide notice as required under this section or a defect in that notice may not be the basis for challenging or defending a foreclosure action or for invaliding a sale of the property pursuant to a foreclosure action.
Source: Legislative text reproduced verbatim
Plain English

Under Utah Code Ann. §§ 78B-6-314 and 78B-6-901.5, when a foreclosure action is filed on residential rental property in Utah, the party bringing the lawsuit must notify tenants within 20 days. This notice must be posted on unit doors or in conspicuous common areas (depending on the number of units), or mailed to each occupant, and must meet specific formatting and content requirements including information about the parties involved and tenants' potential rights under federal law. Importantly, a failure to provide this notice—or a defect in it—cannot be used to challenge, defend against, or invalidate the foreclosure sale itself.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Property owners and lenders initiating a foreclosure action on residential rental property in Utah should be aware that §§ 78B-6-314 and 78B-6-901.5 impose a 20-day deadline to deliver compliant notices to all occupants. Compliant operators generally ensure the notice meets the 14-point font requirement, includes all required party names and addresses, contains the property's legal description, and incorporates the statutory statement about tenant occupancy rights. For properties with fewer than nine units, notices are typically posted on each unit's primary door; for larger properties, at least three conspicuous postings or mailed notices to each occupant are used.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Utah Code Ann. §§ 78B-6-314 and 78B-6-901.5 entitle tenants in residential rental properties subject to foreclosure to receive a formal notice within 20 days of the foreclosure action being filed, informing them of the proceedings and summarizing potential occupancy rights under federal law—including the possibility of remaining through the end of a lease or for 90 days after a sale, whichever is later. Tenants who receive such a notice, or who believe they should have received one, may want to review their lease agreement and understand that their obligation to pay rent and comply with lease terms continues during this period. Tenant-rights organizations and legal aid services can help tenants understand how federal protections may apply to their specific rental situation under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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Related Rules

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Written notice of identity and address of foreclosing owner
§ 165.05
NOTICES
§ 8.60.080
Failure to pay fines

Source Information

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