- Who sends it
- The trustee signs it and records it with the county recorder; you may only see it in the public record or attached to court papers
- What it starts
- The buyer's right to demand possession, and the trustee's 15-day deadline to mail any notice of excess proceeds
- Do this first
- Confirm the sale date and price with the trustee, and watch your mail for a notice of excess proceeds
What this deed is in Arizona
After the auction, the highest bidder, other than the lender to the extent of its credit bid, must pay by 5:00 p.m. Mountain Standard Time on the next day that is not a Saturday or legal holiday. Within 7 business days after the trustee receives payment, the trustee must sign the trustee's deed and send it to the county recorder (Ariz. Rev. Stat. § 33-811(A), (B)). Recording the trustee's deed upon sale counts as delivering it to the buyer.
If the deed is recorded within 15 business days after the sale, the sale is treated as complete as of the date and time of the auction (Ariz. Rev. Stat. § 33-810(A)).
What it does and does not mean
- No redemption. Ariz. Rev. Stat. § 33-811(E) says the deed passes title absolute without right of redemption. This is different from a court foreclosure in Arizona, where you can redeem within 6 months, or 30 days for abandoned property (Ariz. Rev. Stat. § 12-1282).
- It clears liens that were junior to the deed of trust, such as many second mortgages, but the home stays subject to liens that were senior to it.
- It creates a legal presumption that the notice and sale rules were followed. For a buyer who paid value without knowing of a problem, it is conclusive proof. That is why the time to object was before the sale.
- It does not by itself remove you from the home. The buyer must give you a written demand for possession and, if you stay, win a court case.
- For most homes it does not mean you owe more. After a trustee's sale of a one or two family dwelling on 2.5 acres or less, Ariz. Rev. Stat. § 33-814(G) bars a deficiency lawsuit, with some exceptions for deeds of trust made after December 31, 2014. Where a deficiency is allowed, the lender must sue within 90 days after the sale. See Arizona deficiency judgments.
Dates to count from the sale
- Next day other than a Saturday or legal holiday, by 5:00 p.m.: the winning bidder must pay.
- 7 business days after payment: the trustee must submit the deed for recording.
- 15 days after the sale: the trustee must mail you any notice of excess proceeds.
- 90 days after the sale: the trustee must pay out or deposit any extra money, and any allowed deficiency lawsuit must be filed (Ariz. Rev. Stat. §§ 33-812(K), 33-814(A)).
What to do this week
- Check the county recorder's records for the recorded trustee's deed and note the sale price. Compare it with what you owed.
- Give the trustee your current mailing address in writing so any notice of excess proceeds reaches you.
- Start planning your move. If you want time, ask the buyer in writing whether it will agree to a move-out date or a cash for keys offer, and get any deal in writing.
- If you believe the sale broke the law, call a lawyer or legal aid now through AZLawHelp.org or 866-637-5341. Your options after the sale are narrow.
- Read after an Arizona foreclosure sale and our national trustee's and sheriff's deed page.
Tax papers that may follow
A foreclosure is treated as a sale for federal tax purposes, and your lender may send a Form 1099-A or 1099-C. Canceled debt can be taxable unless an exclusion applies, such as insolvency. See Forms 1099-A and 1099-C and talk with a tax professional.
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
Can I buy my home back after an Arizona trustee's sale?
No. Ariz. Rev. Stat. § 33-811(E) says the trustee's deed is absolute without right of redemption. A redemption period applies only when the lender forecloses through a court case instead.
How soon is the trustee's deed recorded in Arizona?
The trustee must submit it for recording within 7 business days after receiving the buyer's payment, under Ariz. Rev. Stat. § 33-811(B). If it is recorded within 15 business days after the sale, the sale counts as complete at the auction date and time.
Does the trustee's deed mean I must leave today?
No. Arizona law requires the buyer to give you a written demand for possession and, if you stay, to file a forcible detainer case. An officer can remove you only under a writ of restitution, which cannot issue until 5 calendar days after a judgment.
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.
- 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.
- Forcible detainer summons and complaintA 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.