Arizona Foreclosure
The Arizona foreclosure process is usually a non-judicial process, meaning no judge is used. The judicial foreclosure is only used in the rare case when there isn't a power of sale clause in the Deed of Trust.
It's also used when the lender is trying to get a deficiency judgment requiring you to make up any difference between what's owed and the fair market value of the house. It's important to note that if your property is on land that's 2.5 acres or less and is a single family or 2-family dwelling then the lender cannot get a deficiency judgment.
As usual, the lender will usually allow you to fall behind 2 to 3 months before it begins the foreclosure process.
The process will be as follows:
- The lender must record the notice of sale at the recorder's office of the county where the property is located.
- Within 5 days of recording, the lender or trustee must mail a certified copy of this notice to you and any other lien holders to your property.
- It must then advertise this sale once per week for 4 weeks.
- The sale cannot occur until at least 10 days after the last advertisement of the sale.
- The lender cannot sell the house at auction until the 91st day following the recording of the notice of sale.
This means that you'll have another 3 to 4 months before they can sell the property at public auction.
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