Trustee's sale vs Sheriff's sale

[Brian Jessop]

What is the difference between a Trustee's sale and a Sheriff's sale? I am in Utah (if that makes a difference.)

[William Hochstedler]

Sheriff's do the bidding of the courts and trustees act on instructions for the beneficiaries of trusts (lenders in this case).

Utah is a statutory foreclosure state which means that a lender may foreclose without going through the courts.  Only attorneys or title companies may act as trustees to conduct the foreclosure process.  It's a bit confusing, but Utah is a title theory state where a deed is put in trust (a Trust Deed) to secure a loan.  If the borrower defaults, the lender may instruct the trustee to begin the foreclosure process.  This culminates with a trustee sale at the courthouse steps.

A sheriff's sale, on the other hand, is a sale ordered by a judge as the result of a civil action.  This may be a forced liquidation from a divorce, probate, or some other civil suit.  Occasionally we see judicial foreclosures where, for whatever reason, the foreclosure was taken through the courts and the judge orders a sheriff's sale of the property.

Hope that helps.