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A Notice of Default was recorded on April 1st on a property in Murray, Utah. The trustee then recorded a Notice of Trustee's Sale on July 5th and scheduled the auction for July 26th. A Utah real estate agent reviewing the file believes the trustee's sale cannot legally proceed as scheduled. How many days' notice did the trustee provide between the Notice of Trustee's Sale and the scheduled auction date, and what is the minimum required under Utah law?

Correct Answer

B) The trustee provided 21 days' notice, which meets the 20-day minimum requirement

The trustee provided 21 days' notice between the July 5 Notice of Trustee's Sale and the July 26 auction date when counting from the day after notice through the sale date. Utah's 20-day minimum notice requirement is satisfied. The three-month waiting period after the April 1 Notice of Default was also satisfied because three months after April 1 is July 1, and both the July 5 Notice of Trustee's Sale and July 26 auction date occur after July 1. Therefore, the sale timeline meets both timing requirements.

Answer Options
A
The trustee provided 20 days' notice, which meets the 20-day minimum requirement
B
The trustee provided 21 days' notice, which meets the 20-day minimum requirement
C
The trustee provided 21 days' notice, but the sale cannot proceed because the three-month waiting period after the Notice of Default was not satisfied
D
The trustee provided 20 days' notice, but the sale cannot proceed because the three-month waiting period after the Notice of Default was not satisfied

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Related Topics & Key Terms

Key Terms:

notice_calculationforeclosure_timeline20_day_noticethree_month_waiting_periodmath_question

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