- Who sends it
- The buyer at the trustee's sale, often the lender or its lawyer, or a third-party buyer
- What it starts
- The buyer's right to file a forcible detainer case if you stay after receiving it
- Do this first
- Note the date you received it and any move-out date it names, and call legal aid the same day
What this demand is in Arizona
Ariz. Rev. Stat. § 12-1173.01 says that a person who keeps possession of a home after receiving a written demand of possession may be removed through a forcible detainer action when the property was sold at a trustee's sale under a deed of trust, or through a court foreclosure. The written demand is the step that opens the door to that court case.
The statutes read for this page do not set a required number of days in the demand. The buyer may give you a date to leave, but only a court can order you out.
What it does and does not mean
- It is not a court order, and no one may lock you out or remove your things because of it alone.
- It does not reopen the sale. In the court case that may follow, the only issue is who has the right to possession; title is not tried (Ariz. Rev. Stat. § 12-1177(A)).
- It does not override a lease or other right of possession that is senior to the interest that was sold (Ariz. Rev. Stat. § 12-1173.01(B)). If you are a tenant, see tenant notice after foreclosure, because your rights are different.
- It is a good time to negotiate. Many buyers would rather agree on a move-out date or pay relocation money than go to court.
What comes next and how fast
- If you stay, the buyer can file a sworn complaint, and the court issues a summons no later than the next judicial day (Ariz. Rev. Stat. § 12-1175).
- The summons must be served at least 2 days before the court date. See the forcible detainer summons and complaint.
- If the buyer wins, a writ of restitution cannot issue until 5 calendar days after the judgment (Ariz. Rev. Stat. § 12-1178(C)).
What to do this week
- Keep the demand and write down how and when you got it.
- Call legal aid through AZLawHelp.org or 866-637-5341, or ask about the State Bar's Modest Means Project if you do not qualify for free help.
- Contact the buyer in writing. Ask for a move-out date that works for you, or a cash for keys offer, and get any agreement signed.
- Start packing important papers, medicine and belongings, and line up a place to go.
- Make sure the trustee has your new address for any notice of excess proceeds.
- Read after an Arizona foreclosure sale and our national notice to vacate page.
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 many days does an Arizona demand for possession give me?
The Arizona statutes read for this page do not set a number of days for the written demand after a trustee's sale. The buyer can file a forcible detainer case once you stay after receiving it, and the case itself moves within days, so plan to act right away.
Can the new owner change the locks after an Arizona trustee's sale?
Arizona law gives the buyer a court process: a written demand, a forcible detainer case, and a writ of restitution that cannot issue until 5 calendar days after judgment. If someone tries to remove you without a court order, call legal aid or the police.
Can I fight the foreclosure in the Arizona eviction case?
Generally no. Ariz. Rev. Stat. § 12-1177(A) says the only issue in a forcible detainer case is the right of actual possession, and the merits of title are not inquired into. Challenges to the sale itself had to be raised before the sale.
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.
- 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.
Sources
- Ariz. Rev. Stat. § 12-1173.01, Additional definition of forcible detainer
- Ariz. Rev. Stat. § 12-1175, Complaint and summons
- Ariz. Rev. Stat. § 12-1177, Trial and issue
- Ariz. Rev. Stat. § 12-1178, Judgment; writ of restitution
- State Bar of Arizona: Legal Aid Resources and Modest Means Project
- AZLawHelp.org