Summary of Arizona's Foreclosure Laws

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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.

Topic

State Rule

Most common types of foreclosure process

Nonjudicial under power of sale in deed of trust

Time to respond

Foreclosing party must record a notice of sale at least 91 days before sale and must mail it by certified mail to homeowner within five business days after recording. The notice of sale must also be published for four consecutive weeks and posted on the property at least 20 days before sale.

Reinstatement of loan before sale

Available until day before date of sale.

Redemption after sale

Not available after a nonjudicial foreclosure

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

Federal protections under the Servicemembers Civil Relief Act extended to National Guard ordered to “state active duty” by governor in certain circumstances. Ariz. Rev. Stat. § 26-168.

Deficiency judgments

Not allowed after a nonjudicial foreclosure if the property is 2½ acres or less and is a 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 may begin an eviction action immediately after the foreclosure sale.

Foreclosure statutes

Ariz. Rev. Stat. §§ 33-721 to 33-730, 33-801 to 33-821,
12-1281 to 12-1283, 12-1566

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