Surplus fortune

Utah Surplus Funds Laws

How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in Utah.

General information only, not legal advice. Laws and county procedures change, and local rules may differ. Confirm the current rules with the court, county or a licensed attorney before acting. Last updated: November 2026.

Mortgage foreclosure surplus

Utah Code § 57-1-29 governs trustee-sale proceeds: sale expenses, obligations secured by the trust deed, then the balance to persons entitled; the trustee may deposit disputed excess with the district court. Section 57-1-29 sets no fixed initial owner petition deadline. If excess is deposited with the court and another person petitions, the statute’s notice and response process controls; the 60-day contest period follows petition notice. Act promptly.

Tax sale surplus

Utah Code §§ 59-2-1351.1 and 59-2-1351.5 govern tax sales and later county disposition; excess from county-held property is transferred to the State Treasurer as unclaimed property. County sale methods may also preserve an undivided owner interest (§ 59-2-1351.7). No single statewide initial owner excess-claim cutoff is stated for every tax-sale method. County procedures govern local handling; for example, Utah County forwards unclaimed excess after 90 days from ratification. After transfer, claim through the State Treasurer under Title 67, ch. 4a.

Unclaimed funds

Utah Revised Uniform Unclaimed Property Act, Utah Code tit. 67, ch. 4a; § 67-4a-903 governs owner claims. Section 67-4a-903 sets no fixed general initial owner-claim deadline. A county’s excess-funds transfer schedule is not a statewide extinction of the owner’s unclaimed-property claim.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

Sources

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