Arizona · What this letter means
Arizona foreclosure letters and notices
The papers Arizona homeowners receive, in the order they usually arrive. Each page uses the name on the Arizona document, explains the deadline it starts under Arizona law, and lists what to do this week.
- Step 1
Notice of Trustee's Sale
In Arizona, the Notice of Trustee's Sale is the paper that starts most home foreclosures. The trustee records it, mails it to you with a statement of breach, posts it and publishes it, and the auction cannot be held before the 91st day after recording. You can still reinstate until 5:00 p.m. on the last day before the sale that is not a Saturday or legal holiday.
What it means - Step 2
Trustee's Deed Upon Sale
The Trustee's Deed Upon Sale transfers your home to the winning bidder at an Arizona trustee's sale. Arizona law says this deed is absolute, without any right of redemption, so you cannot buy the home back by paying later. Your remaining issues are when you must leave, whether money is left over for you, and whether you could owe a deficiency.
What it means - Step 3
Notice of Excess Proceeds
If your Arizona trustee's sale brought in more than the costs and the loan, the trustee must mail you a notice of excess proceeds within 15 days. The money then goes to junior lienholders in order and the rest to you. You can claim it yourself, and Arizona limits what someone can charge to help.
What it means - Step 4
Written demand for possession
After an Arizona trustee's sale, the new owner must give you a written demand for possession before it can go to court to remove you. It is a demand, not a court order. If you stay after receiving it, the buyer can file a forcible detainer case, which moves very fast.
What it means - Step 5
Forcible detainer summons and complaint
A forcible detainer case is the court case an Arizona buyer files to remove you after a trustee's sale. The summons must be served at least 2 days before the court date, and the only question is who has the right to possession. If the buyer wins, the court cannot issue a writ of restitution until 5 calendar days after judgment.
What it means
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