What is Utah's law on recording priority (race-notice)?

Utah is a race-notice state. (Utah Code § 57-3-103)

Utah law

Real Estate Laws in Utah.

Utah real estate practice covers deeds, title, residential seller disclosures, homestead, and foreclosure. Utah is a deed-of-trust state permitting both judicial and nonjudicial foreclosure; nonjudicial trust-deed foreclosure is the dominant method (typically 90-120 days). Utah has a post-sale redemption period of 6 months for judicial foreclosures, but NO post-sale redemption for nonjudicial trust-deed foreclosures. Utah's homestead exemption is $42,000 per individual ($84,000 for joint owners). Utah requires residential seller disclosure.

Last verified: 2026-04-17

State law

Key Utah Statutes

Nonjudicial Trust Deed ForeclosureUtah Code § 57-1-23 et seq.

Utah permits nonjudicial foreclosure under a trust deed with power of sale. Requires Notice of Default (recorded), 3-month cure period, Notice of Sale (published 3 consecutive weeks), and trustee's sale. Process typically 4-6 months.

Judicial ForeclosureUtah Code § 78B-6-901 et seq.

Judicial foreclosure available as alternative. 6-month post-sale redemption period.

Homestead ExemptionUtah Code § 78B-5-503

Homestead protects up to $42,000 per individual ($84,000 joint) in primary residence. Lower amount ($5,000) for non-primary-residence property.

Seller's Property Condition DisclosureUtah Code § 57-25-102 et seq.

Utah requires sellers of residential real property to provide a Property Condition Disclosure.

Mechanics' LiensUtah Code § 38-1a-101 et seq. (Construction Registry Act)

Contractors, subcontractors, and suppliers may file mechanics' liens against improved real property. Utah requires Preconstruction Services Notice and other notices via the State Construction Registry.

Recording Priority (Race-Notice)Utah Code § 57-3-103

Utah is a race-notice state.

State law

Official Sources

Utah Code UT Division of Real Estate

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Utah.

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Real Estate Laws in Utah.

Key Utah Statutes

Official Sources

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