A sheriff’s deed is a deed that transfers or conveys title (ownership rights) in property purchased at a sheriff’s sale. A sheriff’s sale is typically ordered by a court after a person or entity fails to pay a court judgment against them (a judgment debtor) or when the property is the subject of a mortgage foreclosure.
Laws vary from state to state, but a debtor whose property is the subject of a mortgage foreclosure that was sold at a sheriff’s sale may have the right to redeem the property or the right to redemption of the property—paying the amount due and keeping the property—until confirmation of the sale is signed by the judge and filed by the court. This redemption period is usually defined by state statute and may be referred to as a statutory redemption period.
The lender (bank) that is foreclosing on the mortgage is often the high bidder that purchases the property at a sheriff’s sale. If another party is the high bidder at the sheriff’s sale, the lender (bank) may be able to get a deficiency judgment against the debtor (borrower or mortgagor) if the sale amount isn’t enough to pay the balance of the debt—depending on the state’s law.
In Utah, a sheriff's deed is a legal document that transfers ownership of a property sold at a sheriff's sale, which is typically the result of a court-ordered sale due to a failure to pay a court judgment or as part of a mortgage foreclosure process. Utah law provides a statutory redemption period, which allows a debtor to reclaim their foreclosed property by paying the full amount owed before the sale is confirmed by a judge and filed with the court. This redemption period is set by Utah Code § 78B-6-901, which allows the debtor a period of six months to redeem the property after the date of the sale if the property is less than five acres, and 180 days if the property is more than five acres. If the property is sold for less than the amount owed on the mortgage, the lender may seek a deficiency judgment against the debtor for the difference, subject to certain limitations and conditions outlined in Utah Code § 78B-5-202. It's important for debtors and purchasers at a sheriff's sale to understand these rights and obligations under Utah law.