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Arizona Foreclosure Laws

Judicial Yes
Non-Judicial Yes
Process Period 90+
Sale Publication 41 Days
Redemption Period 30-180* Days
Sale / NTS Trustee

Judicial Foreclosures: Court foreclosures occur when the lender files for a foreclosure in court and records a notice of pending lawsuit. Borrowers are to be notified in person, if they do not respond the court can rule against them. The county sheriff is then directed to conduct a sale of property.

Non-Judicial Foreclosures: A lender may initiate a sale if the property has been defaulted on and there is a clause in the trust deed permit which allows this action. The process begins with the trustee recording a notice of sale. The borrower has up until 5 p.m. the day before the sale to stop the foreclosure. This can only be done if they pay the default amount, fees, and costs.

Sale: During court foreclosures the sale is carried out by the sheriff 45 days after the county clerk directs the sale. The borrowers have 6 months from the sale date to redeem their property. This can only happen if the total amount owed is paid including fees and other costs.

In out-of-court foreclosures the notice of sale must include property description, as well as the date, time and location of sale. This notice must be sent to all parties involved at least three months prior to the sales date. The notice must be placed in the local newspaper once a week for four weeks; the last notice must be placed no less then 10 days before the sale date. Twenty days before the sale the notice must also be posted at the court house. In an out of court foreclosure there is no right for redemption for the borrower.

Additional Information on Arizona Foreclosure