Arizona Foreclosure Timeline and Laws

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Judicial Yes
Non Judicial Yes, More Common
Primary Security Deed of Trust, Mortgage
Timeline 90 days or longer
Redemption None
Notice Foreclosure Notice of Sale
Deficiency Judgment Depends

 

Arizona Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.(Click for Arizona Foreclosure Resources)

Arizona foreclosures are conducted by non-judicial foreclosure proceedings. Judicial foreclosures are conducted when there is no power of sale clause contained in the deed of trust.   

Notice Requirements for Foreclosure in Arizona

Prior to initiating foreclosure, the lender must publish a notice of sale date once a week for 4 consecutive weeks in a newspaper of general circulation in the county where the property is located. Within 20 days of the sale, notice must be posted at the property, and recorded with the county recorder.

Notices must contain the sale date, time, property street address, legal description, county tax assessor’s parcel no, original principal balance, beneficiary’s and trustee’s name and trustee’s telephone number.(Click to see How to Stop a Foreclosure in Arizona)

Arizona Deficiency and Anti-Deficiency Laws

Deficiency judgment actions must be brought within 90 days of a power of sale foreclosure when the property is sold for less than the loan amount. Judgments are limited to the difference between the balance owed and fair market value, prohibited by statute where the land size is 2.5 acres or less, and the property was used as either as single one-family/ single two-family dwellings.(Click to see What Arizona Anti-Deficiency Laws Cover)

Arizona Redemption Rights

Arizona has no post-sale statutory right of redemption.

Arizona Assistance, Special Programs, Government Help, and Law Updates

Foreclosure  Programs:

Foreclosure Lawyer

Arizona foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.

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