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How to claim foreclosure surplus funds in Arizona

After an Arizona trustee's sale, the trustee pays the sale costs and the foreclosed loan, then junior liens in order, and then you. The trustee must mail you a notice of any excess proceeds within 15 days of the sale. The trustee may pay you directly or deposit the money with the county treasurer and open a superior court case, and you then file an application in that case.

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Reviewed against Arizona law and official sources on October 11, 2026. General information, not legal advice.

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How to claim surplus funds in Arizona

  1. Notice of excess proceeds

    Within 15 days after the sale

    If money is left after the costs and the loan, the trustee must mail a notice by first class and certified mail to every known address of the trustor as of the date the notice of sale was recorded. Keep your address current with the trustee so you get it.

    Ariz. Rev. Stat. § 33-812(B)

  2. The order of payment

    The money goes to sale costs and trustee and attorney fees, the foreclosed loan, other amounts the lender paid under the deed of trust, a condominium or HOA lien, then junior lienholders in order of priority. What is left goes to you, or to the owner of record at the sale if you had transferred the home.

    Ariz. Rev. Stat. § 33-812(A)

  3. The trustee pays out or deposits the money

    Within 90 days after the sale

    The trustee must either pay the money out or deposit it with the county treasurer and file a superior court case naming the treasurer. A trustee who misses the 90 days loses its fees and owes interest, and you can sue it.

    Ariz. Rev. Stat. § 33-812(C), (D), (K)

  4. File an application for distribution

    While the money is on deposit; others have 45 days to respond

    File an application in the trustee's court case and, within three business days, mail a copy by mail that requires a signed receipt to the treasurer and everyone on the trustee's list, then file an affidavit of mailing. If no one with a better claim responds, the court orders the treasurer to pay you. The treasurer may keep a fee of up to $100.

    Ariz. Rev. Stat. § 33-812(G), (I), (J)

  5. After 2 years, the money goes to the state

    2 years after the deposit, if no application is pending

    Money left with the treasurer for two years is presumed abandoned. Amounts of $50 or less go to the county for good, and larger amounts are reported to the Arizona Department of Revenue, where filing a claim is free.

    Ariz. Rev. Stat. §§ 33-812(L) to (N), 44-317

  6. Limits on paid recovery help

    No agreement allowed in the first 30 days after the sale

    Any agreement to pay someone to help recover money on deposit must be in writing, signed by you and notarized, and an agreement signed within 30 days after the sale is void. A fee over $2,500, not counting attorney fees and filing and notice costs, is presumed unreasonable and cannot be enforced unless a court approves it. You can file the application yourself.

    Ariz. Rev. Stat. § 33-812(P)

  7. Surplus after a tax lien foreclosure

    Request an excess proceeds sale before judgment

    Surplus after a property tax foreclosure works differently and depends on asking the court for an excess proceeds sale. See our Arizona property tax foreclosure page.

    Ariz. Rev. Stat. §§ 42-18204, 42-18236

What Arizona law says about leftover sale money

Surplus after a mortgage foreclosure sale

After sale costs and the foreclosed loan are paid, extra money goes to junior lienholders in order and then to you, or to the owner of record at the time of the sale if you had transferred the home. The trustee must mail you a notice of any excess proceeds within 15 days after the sale. The trustee may instead deposit the money with the county treasurer and open a superior court case, and you then apply to the court for your share. Money left with the treasurer for two years with no pending application is presumed abandoned.

Ariz. Rev. Stat. § 33-812

Common questions in Arizona

Can an Arizona HOA get paid from excess proceeds before me?

Yes. A condominium or planned community association with a lower priority lien is paid before junior lienholders and before you, and the trustee can pay it on a written claim. If you think the association was paid too much, you can make it prove its claim in the court case.

What if a junior lender says it has a better claim to my Arizona excess proceeds?

The court can hold a hearing, and it must hold one if there are competing claims. If the court finds that someone else may have a better right, it waits 180 days from the filing of the complaint, and you can ask for a hearing on whether that claim is valid. A legal aid office can help you respond.

I missed the 2 year window in Arizona. Is the money gone?

Not if it was more than $50. The treasurer reports it to the Arizona Department of Revenue's unclaimed property program, and you can file a claim there for free. State law gives you up to 35 years after the end of the fiscal year the department received it.

Step by step

More on foreclosure in Arizona

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What can stop it, and what happens if it goes ahead.

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Who to call, and what to do when a sale is scheduled.

Also in Arizona

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. Ariz. Rev. Stat. § 42-18052 Due dates and times; delinquency
  2. Ariz. Rev. Stat. § 42-18053 Interest on delinquent taxes
  3. Ariz. Rev. Stat. § 42-18106 Delinquent tax list and notice of sale
  4. Ariz. Rev. Stat. § 42-18108 Personal notice of proposed sale
  5. Ariz. Rev. Stat. § 42-18109 Publication and posting of list and notice
  6. Ariz. Rev. Stat. § 42-18112 Time of sale
  7. Ariz. Rev. Stat. § 42-18114 Successful purchaser
  8. Ariz. Rev. Stat. § 42-18151 Who may redeem
  9. Ariz. Rev. Stat. § 42-18152 When lien may be fully redeemed
  10. Ariz. Rev. Stat. § 42-18153 Amount required for redemption
  11. Ariz. Rev. Stat. § 42-18201 Action to foreclose right to redeem
  12. Ariz. Rev. Stat. § 42-18202 Notice
  13. Ariz. Rev. Stat. § 42-18204 Judgment foreclosing right to redeem; excess proceeds sale
  14. Ariz. Rev. Stat. § 42-18206 Redemption during pendency of action
  15. Ariz. Rev. Stat. § 42-18232 Notice of sale (excess proceeds sale)
  16. Ariz. Rev. Stat. § 42-18233 Date, time and place of sale
  17. Ariz. Rev. Stat. § 42-18236 Disposition of proceeds of sale
  18. Ariz. Rev. Stat. § 42-18261 Application for treasurer's deed on behalf of state
  19. Ariz. Rev. Stat. § 42-18303 Auction and sale of land held by state under tax deed
  20. Ariz. Rev. Stat. § 44-317 Filing claim with department
  21. Arizona Department of Revenue: Unclaimed Property
  22. Ariz. Rev. Stat. § 33-807 (sale of trust property)
  23. Ariz. Rev. Stat. § 33-808 (notice of trustee's sale)
  24. Ariz. Rev. Stat. § 33-809 (mailing of notice of sale)
  25. Ariz. Rev. Stat. § 33-811 (trustee's deed, no redemption)
  26. Ariz. Rev. Stat. § 33-812 (disposition of proceeds of sale)
  27. Ariz. Rev. Stat. § 33-813 (reinstatement)
  28. Ariz. Rev. Stat. § 33-814 (deficiency after trustee's sale)
  29. Ariz. Rev. Stat. § 33-729 (purchase money mortgage, limit on liability)
  30. Ariz. Rev. Stat. § 12-1282 (time for redemption after judicial sale)
  31. Ariz. Rev. Stat. § 12-1173.01 (forcible detainer after trustee's sale)
  32. Ariz. Rev. Stat. § 44-1378.02 (foreclosure consultants, prohibited acts)
  33. Ariz. Rev. Stat. § 44-1378.04 (foreclosure consultants, right of cancellation)
  34. U.S. Treasury: Homeowner Assistance Fund (program ended September 30, 2026)
  35. CFPB: 12 C.F.R. § 1024.41 Loss mitigation procedures
  36. State Bar of Arizona: Legal Aid Resources