Utah Code § 78B-6-801 § 78B-6-802.5
Unlawful detainer after foreclosure or forced sale.
Operative Text
Unlawful detainer after foreclosure or forced sale. A previous owner, trustor, or mortgagor of a property is guilty of unlawful detainer if the person: (1) defaulted on his or her obligations resulting in disposition of the property by a trustee's sale or sheriff's sale; and (2) continues to occupy the property after the trustee's sale or sheriff's sale after being served with a notice to quit by the purchaser.
Utah Code Ann. § 78B-6-802.5 establishes that a former owner whose property was sold through a trustee's sale or sheriff's sale due to a default commits unlawful detainer if they remain on the property after the new purchaser serves them with a notice to quit. The provision applies specifically to previous owners, trustors, or mortgagors — not to tenants who may have been renting the property. Two conditions must both be present: a default leading to a forced sale, and continued occupancy after receiving the required notice.
Plain English — not legal advice.
Under Utah Code Ann. § 78B-6-802.5, a purchaser who acquires property through a trustee's sale or sheriff's sale generally initiates the removal process by serving the former owner, trustor, or mortgagor with a formal notice to quit. Compliant purchasers typically document the completed sale, confirm the identity of the occupant as a previous owner or mortgagor, and ensure the notice to quit is properly served before pursuing an unlawful detainer action. Keeping records of the sale documents and proof of service is a standard part of managing post-foreclosure transitions under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 78B-6-802.5 is specifically directed at former owners, trustors, and mortgagors — not at tenants who were renting the foreclosed property. If you were a renter rather than an owner or mortgagor, this provision may not apply to your occupancy, and separate federal and state protections for tenants in foreclosed properties may be relevant to your situation. Tenant-rights organizations and legal aid services can help clarify which rules govern your specific circumstances following a foreclosure or forced sale.
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.
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