Seller Financing in Utah County
Seller financing across Utah County, from Provo to Eagle Mountain: how it works, where it records, and a Utah attorney in Provo with a posted flat fee.
Informational onlyThis page is general information about Utah law, not legal advice for your situation. Reading it doesn't create an attorney-client relationship. Read the disclaimer.
Seller financing in Utah County works the same way it does statewide. The seller deeds the home to the buyer, carries a promissory note for part of the price, and records a trust deed that secures it. The documents record with the Utah County Recorder in Provo. Greg Hansen's office is in Provo too, at 412 W. Rivers Edge Dr.
How does seller financing work in Utah County?
The seller acts as the bank for part of the price. The buyer makes a down payment, then pays the seller monthly under a promissory note. A trust deed on the property secures the note, so the seller can foreclose if the buyer stops paying.
Here is a simple example. You sell a Utah County home for $525,000. The buyer puts $78,750 down, 15%. You carry $446,250 at 7% on a 30-year schedule with a seven-year balloon. The buyer pays you monthly for up to seven years, then refinances or sells and pays you the rest. The seller-carry calculator runs your own numbers.
Risk comes first. You are lending your equity to someone a bank may have turned down. If they stop paying, you foreclose, and that takes months. Plan the down payment, the servicer, and the exit before you plan the rate.
Which Utah County city are you in?
Each city page takes a different angle, because the deals look different even when the law doesn't.
| City | What that page covers |
|---|---|
| Provo | Rentals near campus, fourplexes, and long-time owners selling to investors |
| Orem | Retiring owners with paid-off homes or duplexes who want to carry the note |
| Lehi | Builders who want to offer terms, and owners with low-rate loans |
| American Fork | Established neighborhoods and sellers who still have a mortgage |
| Spanish Fork | Larger lots, land, acreage, and family sales |
| Pleasant Grove | Estate and trust sales and siblings buying the family home |
| Saratoga Springs | Newer subdivisions and self-employed buyers |
| Eagle Mountain | First-time buyers comparing seller financing with a lease option |
If your city isn't listed, the rules are the same. Start with the complete Utah seller financing guide.
Who can be the trustee on a Utah County trust deed?
A Utah attorney or a licensed Utah title company, if you want the power of sale. Several kinds of entities can serve as trustee, but only an active Utah State Bar member with a Utah office, or a licensed title insurance company or agency with a bona fide Utah office, may exercise the power of sale (Utah Code § 57-1-21).
That matters on the day you hope never comes. The power of sale is what lets a seller foreclose without filing a lawsuit. Name a qualified trustee in the trust deed from the start. Fixing it later costs time you won't want to lose.
Why record everything at closing?
Because an unrecorded document can lose to someone who records first. Under Utah's recording act, an unrecorded document is void against a later good-faith purchaser who records first (Utah Code § 57-3-103). Recording gives everyone constructive notice of what the document says (Utah Code § 57-3-102).
For a seller, recording the trust deed protects your security if the buyer tries to borrow against or sell the home. For a buyer, recording the deed protects your ownership. Both should be recorded the day you close, not whenever someone gets around to it.
Where is the Utah County Recorder, and what does recording cost?
The recorder's office is in downtown Provo. The Utah County Recorder charges $40 per document and $5 per certification (recorder fee schedule, checked 2026-09-25). The office is at 100 East Center St., Suite 1300, Provo, UT 84606, 801-851-8179.
Every recorded document must be 8½ by 11 inches, with one-inch margins and a legal description that meets the statewide standard (Utah Code § 17-71-402). Utah recorders have accepted electronic recording statewide since January 1, 2022 (Utah Code Title 17, Chapter 71). In practice, the Utah title company that closes your sale usually records the deed and trust deed electronically as part of closing.
A typical seller-financed sale records at least two documents: the deed to the buyer and the trust deed securing the seller's note. The promissory note itself is usually not recorded. The seller keeps the original in a safe place.
What happens if a Utah County buyer stops paying?
The seller forecloses under the trust deed, usually without going to court. The trustee records a notice of default, the buyer gets a window to catch up, and a trustee's sale follows if they don't. The process runs through several notice periods and takes months, not weeks.
That's why the setup matters more than the remedy. A real down payment gives you a cushion. A third-party servicer gives you a clean record of what was paid and when. Insurance naming you as lender protects the house you might take back. And a qualified trustee, named in the trust deed from the start, keeps the process moving.
The default and foreclosure guide walks through each step. Read it before you set the down payment, not after the first missed payment.
What does the legal work cover, and what does it cost?
Greg's flat fee is $750. It covers:
- A promissory note drafted for your terms.
- A trust deed ready to record.
- A review of the Seller Financing Addendum and purchase contract terms.
- A closing-instruction letter to the title company.
- A servicer setup letter.
- One round of revisions and a 30-minute planning call.
Some work moves to hourly: negotiating with the other side's attorney, requests for an underlying lender's consent, multi-property or entity-structured deals, and litigation or default work. You'll know which applies before any work starts. Your documents can close at any Utah title company you choose.
Agents are welcome to call first. If you have a seller-financed deal on the table, Greg can walk through the addendum with you before it goes to your client.
Which guides matter most in Utah County?
Start with the complete Utah seller financing guide for the full structure. Then read the which-instrument guide, which compares a note and trust deed with the other options. Run the payment in the seller-carry calculator before you agree to a rate.
What Greg would tell you
"Utah County seller financing isn't complicated, but it is specific. Get the down payment, the trustee, and the recording right, and most of the risk becomes manageable. Call before the contract is signed, not after."
Frequently asked questions
How does seller financing work in Utah County?
The seller deeds the home to the buyer and carries a promissory note for part of the price. A trust deed recorded with the Utah County Recorder secures that note.
Where is the Utah County Recorder's office?
The recorder is at 100 East Center St., Suite 1300, Provo 84606. Most documents are recorded electronically by the title company at closing.
Can a Utah title company close a seller-financed sale?
Yes. Any Utah title company can close and record a seller-financed sale. The attorney drafts the note and trust deed and sends closing instructions.
Is there a Utah County attorney for seller financing?
Greg Hansen is a Utah-licensed real estate attorney with an office in Provo. The first 15-minute call is free.
Do Utah County cities have different seller-financing rules?
No. The state and federal rules are the same countywide. What changes city to city is the kind of property and the kind of buyer, which is why each city page takes a different angle.
This site is for general information about Utah law and is not legal advice. Using it does not create an attorney-client relationship. Every transaction is different — talk to an attorney about yours. Attorney advertising.
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A Wholesaler Pitched You a Sub-To. Read This First.
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