If you are facing foreclosure in Arizona, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in Arizona
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of Arizona foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common types of foreclosure process||Nonjudicial: under power of sale in deed of trust Judicial: for mortgages, or if the trustee under a deed of trust chooses it|
|Time to respond||At least 20 to 30 days after the notice of forfeiture has been recorded, the foreclosing party can file a foreclosure lawsuit; the homeowner will have 20 to 30 days to respond.|
|Reinstatement of loan before sale||Nonjudicial: allowed until last day before sale date Judicial: allowed any time before complaint filed|
|Redemption after sale||Nonjudicial: not available Judicial: allowed up to six months after sale if property isn’t abandoned and isn’t agricultural land and up to 30 days if property is abandoned|
|Special protections for foreclosures involving high-cost mortgages||None|
|Special state protections for service members||Ariz. Rev. Stat. Ann. § 6-1260(L)|
|Deficiency judgments||Not allowed in nonjudicial foreclosures for property up to 2½ acres or single- or two-family residence. For other properties, allowed if lawsuit is filed within 90 days of foreclosure sale.|
|Cash exempted in bankruptcy||$150|
|Notice to leave after house is sold||New owner must demand that former owner leave. The law does not specify a time for former owner to leave. If former owner doesn’t leave, new owner may go to court for a writ of possession.|
|Foreclosure statutes||Ariz. Rev. Stat. §§ 33-741 to 33-749, 33-801 to 33-821, 12-1281 to 12-1283, 12-1566|