Summary of Arizona's Foreclosure Laws

Learn about foreclosure laws in Arizona.

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.


State Rule

Most common types of foreclosure process

Nonjudicial under power of sale in deed of trust

Notice of the foreclosure

Foreclosing party must record a notice of sale at least 90 days before the sale date and must mail it by certified mail to borrower within five business days after recording. The notice of sale must also be published in a newspaper for four consecutive weeks and posted on the property at least 20 days before sale, as well as posted in the courthouse building.

Reinstatement of loan before sale

Available until 5:00 p.m. on the day before the date of sale (other than a Saturday or legal holiday).

Redemption after sale

Not available after a nonjudicial foreclosure

Special protections for foreclosures involving high-cost mortgages


Special state protections for service members

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

Deficiency judgments

Notice to leave after house is


Foreclosure statutes

Not allowed after a nonjudicial foreclosure if the property is 21/2 acres or less and is a single- or two-family residence. For most other properties, allowed if lawsuit is filed within 90 days of foreclosure sale.

New owner may begin an eviction action following the foreclosure sale after making a demand for possesssion.

Arizona Rev.Stat. §§ 33-721 to 33-730 (judicial), 33-801 to 33-821 (nonjudicial), 12-1281 to 12-1283, 12-1566

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