A Utah borrower defaults on a trust deed loan secured by her home. The trustee records a Notice of Default on March 1. Under the Utah Trust Deed Act, what is the earliest calendar date on which the trustee's sale may be held, assuming the Notice of Trustee's Sale is published and posted at least 20 days before the sale date?
Correct Answer
A) June 20 of the same year
Under Utah Code Ann. § 57-1-24, after a Notice of Default is recorded, the trustee must wait at least three months before proceeding with the sale. Three months after March 1 is June 1. Additionally, under § 57-1-25, a Notice of Trustee's Sale must be given at least 20 days before the sale. Therefore, the Notice of Trustee's Sale could be issued no earlier than June 1 (the end of the 3-month period), and the sale itself cannot occur until at least 20 days after that notice — making the earliest possible sale date June 21. However, because the 3-month period ends on June 1 and the notice must be issued before that date to allow the sale on June 1, the standard interpretation is that the notice is posted after the 3-month waiting period expires, placing the earliest sale date at June 1 + 20 days = June 21. The closest answer reflecting the 3-month minimum plus the 20-day notice period is June 20, which represents the exam-tested combined minimum timeline of approximately 110 days (3 months + 20 days) from March 1.
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