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After a Notice of Default was recorded on his Ogden property, Kevin received a Notice of Trustee's Sale stating the auction would be held in 15 days. Kevin's real estate agent told him the notice was legally insufficient. Which Utah law requirement was most likely violated?

Correct Answer

B) The Notice of Trustee's Sale must be provided at least 20 days before the sale date

Under Utah Code Ann. § 57-1-25, after the three-month waiting period following the Notice of Default, the trustee must provide a Notice of Trustee's Sale at least 20 days before the scheduled sale date. Kevin's notice of only 15 days violates this 20-day minimum requirement, making the notice legally insufficient. The agent was correct to flag this deficiency.

Answer Options
A
The Notice of Trustee's Sale must be published at least 30 days before the sale
B
The Notice of Trustee's Sale must be provided at least 20 days before the sale date
C
The Notice of Trustee's Sale must be recorded at least 45 days before the sale
D
The Notice of Trustee's Sale must be served personally at least 10 days before the sale

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Related Topics & Key Terms

Key Terms:

notice_of_trustees_sale20_day_requirementforeclosure_timelinetrust_deed_act

Related Concepts

A conventional loan is a mortgage that is not insured or guaranteed by a government agency such as the FHA, VA, or USDA. It is originated and funded by private lenders and may be conforming or non-conforming.

The debt-to-income ratio (DTI) compares a borrower's monthly debt obligations to their gross monthly income. It is used by lenders to determine how much mortgage a borrower can afford.

In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.

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