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Financial Services Law Insights and Observations

Utah Limits Time for Deficiency Actions Following a Short Sale

Mortgage Servicing

Lending

On March 8, Utah enacted Senate Bill 42 to limit the time within which lenders can bring an action to recover a deficiency following a short sale. Lenders now have only three months following a short sale to file a deficiency action against a borrower to recover the balance of the debt. Prior to passage of SB 42, lenders had six years to bring such actions. This law became effective March 8, 2012.