How foreclosure works in Arizona

The notices you will receive in Arizona, in order

1. Notice of Trustee's Sale

   Recorded by the trustee with the county recorder; the sale cannot be before the 91st day after recording

   This is the document that starts an Arizona foreclosure. It gives the date, time and place of the sale and the trustee's name, address and telephone number. It opens with a bold warning that you must get a court order by 5:00 p.m. on the last business day before the sale or you may waive your objections.

   Ariz. Rev. Stat. §§ 33-807(D), 33-808

2. Mailed copy with statement of breach

   Sent to you by certified or registered mail within five business days after recording

   Your copy must include a statement that a breach or nonperformance of the deed of trust or loan has occurred. For single family homes a copy also goes to the property address.

   Ariz. Rev. Stat. § 33-809(B), (C)

3. Posting on your property

   At least 20 days before the sale

   The notice is posted in a conspicuous place on the property and at the superior court building in the county.

   Ariz. Rev. Stat. § 33-808(A)(3)

4. Newspaper publication

   Once a week for four weeks in a row, ending at least 10 days before the sale

   The notice runs in a newspaper of general circulation in the county where the home is.

   Ariz. Rev. Stat. § 33-808(A)(4)

5. Trustee's sale and trustee's deed

   On the sale date or a postponed date

   The trustee sells to the highest bidder at public auction. The buyer receives a trustee's deed, which the statute says is absolute and without right of redemption.

   Ariz. Rev. Stat. §§ 33-810, 33-811

6. Notice of excess proceeds

   Mailed within 15 days after the sale, if money is left over

   If the sale brought more than the debts being paid, the trustee must mail you a notice by first class and by certified or registered mail.

   Ariz. Rev. Stat. § 33-812(B)

7. Written demand for possession and forcible detainer papers

   After the sale, if you are still in the home

   The buyer gives a written demand for possession. If you stay, the buyer can file a forcible detainer case, and you would be served with a summons and complaint.

   Ariz. Rev. Stat. §§ 12-1173.01, 12-1175

The legal steps in Arizona

1. You miss payments

   Your servicer must tell you about options to avoid foreclosure and usually cannot start the foreclosure until you are more than 120 days behind. Ask for help in writing as early as you can.

   12 C.F.R. § 1024.41(f)

2. Notice of trustee's sale is recorded

   The trustee records a notice of sale with the county recorder. The sale cannot be held before the 91st day after recording.

   Ariz. Rev. Stat. §§ 33-807(D), 33-808

3. Notice is mailed, posted and published

   The trustee must mail the notice to you by certified or registered mail within five business days after recording. The mailed copy must include a statement that a breach of the deed of trust or loan has occurred. It must also be posted on the property at least 20 days before the sale and published in a newspaper once a week for four weeks in a row, with the last notice at least 10 days before the sale.

   Ariz. Rev. Stat. §§ 33-808, 33-809

4. You can reinstate the loan

   You can stop the sale by paying the full past due amount plus allowed costs and fees. The deadline is 5:00 p.m. Mountain Standard Time on the last day, other than a Saturday or legal holiday, before the sale date. You do not have to pay principal that is not yet due.

   Ariz. Rev. Stat. § 33-813

5. Trustee's sale

   The home is sold at public auction to the highest bidder, and the buyer gets a trustee's deed. The sale is final. Arizona gives no right to buy the home back after a trustee's sale.

   Ariz. Rev. Stat. § 33-811

6. After the sale

   If the sale brings in more than is owed, the trustee must mail you a notice of excess proceeds within 15 days. If you stay in the home after the buyer gives you a written demand for possession, the buyer can file a forcible detainer (eviction) case in court.

   Ariz. Rev. Stat. §§ 33-812, 12-1173.01

Common questions in Arizona