- Who sends it
- The buyer files a sworn complaint with the court, and you are served with a summons and the complaint
- What it starts
- A court date that can be only days away, then a possible writ of restitution 5 calendar days after judgment
- Do this first
- Find the date, time and place on the summons and call legal aid today
What these papers are in Arizona
After a trustee's sale and a written demand for possession, Ariz. Rev. Stat. § 12-1173.01 lets the buyer file a forcible detainer action. That section says the case is filed with the clerk of the superior court.
Under Ariz. Rev. Stat. § 12-1175, the complaint must be in writing and under oath, describe the home, and state the facts that entitle the buyer to possession. The summons issues no later than the next judicial day after filing and must be served on you at least 2 days before the return day, which is the day set for trial.
How fast it moves
- Ariz. Rev. Stat. § 12-1176(A) sets the trial date at no more than 5 judicial days after the complaint is filed.
- Either side can ask for a jury. In superior court the jury has 8 people.
- For good cause shown by affidavit, the trial can be postponed, but only up to 10 calendar days in superior court or 3 calendar days in a justice court (Ariz. Rev. Stat. § 12-1177(C)).
- If the buyer wins, the court enters judgment and grants a writ of restitution, which cannot issue until 5 calendar days after the judgment (Ariz. Rev. Stat. § 12-1178(C)). Count the day after judgment as day 1. Filing a motion to set aside the judgment does not delay the writ unless a judge finds good cause.
What it does and does not mean
- The only issue is the right of actual possession. The court does not decide whether the foreclosure was valid (Ariz. Rev. Stat. § 12-1177(A)).
- A judgment against you can include damages, attorney fees and court costs (Ariz. Rev. Stat. § 12-1178(A)).
- If you are served with a writ of restitution and stay in or return to the home without the owner's permission, it is criminal trespass in the third degree (Ariz. Rev. Stat. § 12-1178(D)).
- If you rent the home and have a lease or other right that is senior to the interest sold, this remedy does not affect it (Ariz. Rev. Stat. § 12-1173.01(B)). Tell the court and get legal help.
What to do this week
- Go to court on the date and time on the summons, even if you plan to move. Bring the summons, the complaint and any agreement or letters from the buyer.
- Call legal aid through AZLawHelp.org or 866-637-5341 right away. AZCourtHelp.org has court forms and a court finder.
- If you need a little more time, ask the buyer for a written move-out agreement before the court date.
- Move important papers, medicine and pets first, and arrange storage for belongings.
- Read after an Arizona foreclosure sale, Arizona foreclosure help and our national writ of possession page.
Watch for these scams
At this stage, people may offer to stop the eviction or undo the sale for a fee, or to collect your excess proceeds for a large share. A fee to recover money on deposit with the county treasurer over $2,500 is presumed unreasonable under Ariz. Rev. Stat. § 33-812(P), and you can file the claim yourself. Report scams to the Arizona Attorney General at 602-542-5763.
The rest of the Arizona process
See how foreclosure works in Arizona, the timeline, ways to stop it and free help in Arizona, or read the national guide to this letter.
Common questions
How much notice do I get before an Arizona forcible detainer hearing?
The summons must be served at least 2 days before the return day, under Ariz. Rev. Stat. § 12-1175(C). The trial date is set within 5 judicial days of filing, so you may have very little time.
How long after an Arizona forcible detainer judgment can I be removed?
The writ of restitution cannot issue until 5 calendar days after judgment, under Ariz. Rev. Stat. § 12-1178(C). After it issues, it is enforced as quickly as possible.
Can I get the Arizona forcible detainer trial postponed?
Only for good cause supported by an affidavit, and only up to 10 calendar days in superior court or 3 calendar days in a justice court, under Ariz. Rev. Stat. § 12-1177(C).
Other Arizona letters
- Notice of Trustee's SaleIn 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.
- Trustee's Deed Upon SaleThe 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.
- Notice of Excess ProceedsIf 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.
- Written demand for possessionAfter 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.
Sources
- Ariz. Rev. Stat. § 12-1173.01, Additional definition of forcible detainer
- Ariz. Rev. Stat. § 12-1175, Complaint and answer; service and return
- Ariz. Rev. Stat. § 12-1176, Demand for jury; trial procedure
- Ariz. Rev. Stat. § 12-1177, Trial and issue; postponement
- Ariz. Rev. Stat. § 12-1178, Judgment; writ of restitution
- AZCourtHelp.org
- AZLawHelp.org
- Arizona Attorney General: File a Consumer Complaint