Utah surplus funds guide for recovery agents: learn how mortgage and tax-sale proceeds are held, claim timing, unclaimed funds, fees, and third-party rules.
| Foreclosure type | For a debt secured solely by a mortgage on real estate, Utah provides one court action under Chapter 6. The judgment directs the sheriff to sell the property under the laws for execution sales. |
| Mortgage surplus | The court may pay mortgage surplus to the person entitled to it or direct that it be deposited with the court meanwhile. After a trustee sale, the trustee may deposit excess proceeds with the district court, which decides entitlement if the money is deposited. The clerk notifies listed claimants within 15 days after receiving the Affidavit of Deposit. A claimant seeking funds must file a petition. Other listed claimants have 60 days to respond. |
| Tax sale surplus | Excess tax-sale funds are paid into the county treasury and treated as unclaimed property under Title 67, Chapter 4a. The law doesn't identify whether the former owner can claim them. |
| Deadlines | For trustee-sale proceeds, the clerk notifies listed claimants within 15 days after receiving the Affidavit of Deposit. Other listed claimants have 60 days to respond after a petition. If there is a response or counter-petition, the court holds a hearing within 20 days. No tax-surplus claim deadline is stated. |
| If no one claims it | For mortgage surplus, the law doesn't say what happens if nobody files a claim. If a petition is filed and no one responds or files a counter-petition within 60 days, the court orders the requested amount paid to the petitioner without a hearing. Tax-sale excess is treated as unclaimed property under Title 67, Chapter 4a, a separate system; its final destination isn't stated here. |
| Fees and agreements | A recovery agreement is enforceable only if it describes the property and services, is signed by or for the apparent owner, and shows expected value before and after compensation. A fee cap isn't spelled out. |
| Third parties | Gray area. An attorney-in-fact may act to obtain money the principal claims to be entitled to, if the power of attorney gives that authority. The power-of-attorney provisions do not specifically address whether assignees or ordinary agents may claim surplus proceeds. We didn't find an attorney-only or court-order requirement for every third-party claim spelled out in the state code or on official sites. Treat those requirements as a gray area. (Utah Code §§ 75A-2-102, 75A-2-203) |
Checked against the official state code and government office pages in November 2026.
Utah addresses surplus funds through mortgage-foreclosure and tax-sale provisions. Section 38-1a-704(3) also directs excess sale proceeds remaining after liens and costs are paid to the owner in the proceeding it covers. The rules differ, so keep them separate as you look for funds.
For a debt secured solely by a mortgage on real estate, Utah provides one court action under this chapter. The judgment directs the sheriff to sell the property under the laws for execution sales. (Utah Code § 78B-6-901)
After the mortgage, lien, or encumbrance and costs are paid, the court may order the remaining money paid to the person entitled to it. The court may also direct that the money be deposited with the court for now. (Utah Code § 78B-6-904)
For excess proceeds from a trustee's sale, the trustee may deposit them with the district court where the sale took place. If the funds are deposited, the court decides who is entitled to them. The clerk must notify the listed people within 15 days after receiving the Affidavit of Deposit. A claimant who wants to ask for some or all of the funds must file a Petition for Adjudication of Priority to Funds on Trustee's Sale with the district court. Other listed claimants have 60 days to respond. If no one responds or files a counter-petition within 60 days, the court orders the requested amount paid to the petitioner without a hearing. If someone responds or files a counter-petition, the court notifies the claimants and holds a hearing within 20 days to decide who has priority. Once the court enters an order, other claims are barred. (Utah Courts' excess-proceeds page)
If funds have been deposited, start by identifying the court process and the people listed as claimants. A claimant seeking funds must file the petition with the district court. The court decides who receives the funds.
When a property tax sale brings in more than the delinquent taxes and listed charges, the excess is treated as unclaimed property under Title 67, Chapter 4a. Sale money is paid into the county treasury. (Utah Code § 59-2-1351(7), (8))
Tax-sale excess follows a different route from mortgage-foreclosure surplus. The statute points to the unclaimed-property system, not the court process for mortgage proceeds. Before helping someone pursue tax-sale money, find out where the funds went.
Utah's unclaimed-property agreement rules set conditions for a recovery agreement. The agreement must be in a record that clearly describes the property and services. It must be signed by or on behalf of the apparent owner. It must also state the property's reasonably expected value before and after the fee or other compensation is deducted. (Utah Code § 67-4a-1301, Utah Code § 67-4a-1302)
A power of attorney can give an agent authority to obtain money the principal claims to be entitled to. The law describes an agent as someone given authority under a power of attorney. (Utah Code § 75A-2-203, Utah Code § 75A-2-102) That authority may matter when you help an owner. The cited power-of-attorney provisions do not specifically address whether an ordinary agent may file a real-estate surplus claim. Clear paperwork and a careful check of where the funds went can help you choose your next step.
I've been recovering surplus funds since 2013. That's over 2,000 cases and more than $100 million recovered for foreclosure victims across the country. I know this work can touch people during a difficult time, so take the time to handle each claim with care. Start by finding out who holds the funds and which track applies.
If you want to learn how this business actually works, join the free Surplus Funds Masterclass at surplusfunds.ai, or join the free Surplus Funds Collective community on Skool at skool.com/surplusfunds.
This guide is education, not legal advice. Laws change, so check the official statute and talk to a licensed attorney in your state before you act.
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