Arizona Foreclosure Timeline and Laws

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.

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.

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.

Arizona Redemption Rights

Arizona has no post-sale statutory right of redemption.

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

Foreclosure  Programs:

• Arizona Foreclosure Avoidance Counseling -HUD

• The Home Affordable Mortgage Modification Program

• The Home Affordable Refinance Program

• The Home Affordable Foreclosure Alternatives Program

• FHA Secure

• Hope for Homeowners 

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.