Arizona Foreclosure: A Few Facts About The Procedure
The Arizona foreclosure process is similar to many other states in that it is a trust deed state. This type of deed means that the holder of the loa...
The Arizona foreclosure process is similar to many other states in that it is a trust deed state. This type of deed means that the holder of the loan has right to force sale of a property on which the borrower has defaulted. A foreclosure is the process by which a lender takes back possession of a property where the borrower fails to make payments on time.
Under Arizona law, the mortgage on a property is considered a lien. Until payment of all liens in completed, the ownership remains with the lender under the trust deed. Deeds in Arizona property sales usually contain a provision for a Power of Sale. This allows the lender to proceed with a non-judicial foreclosure if the borrower goes into default.
When there is a pending default, the lender first files a court document known as a Lis Pendens, or Notice of Default. The ending of this foreclosure process might be for the borrower to take care of any amount owing. This put the borrower back into compliance with original loan provisions. There is a grace period allowed by the law’s mandates.
Sometimes the homeowner sells the distressed property during the grace period. The buyer provides the funds to pay off the mortgage. The homeowner doesn’t take any hits on the credit report but has lost property ownership and rights. In some instances, the owner is able to get a price for the home that will make it possible to get into a different, preferably less expensive, property.
The final way in which the pre-closure period ends is for the lender to take the property back under a Power of Sale. This process makes the property a bank-owned or REO property. The usual procedure is for the foreclosed property to be sold to pay for the loan or loss on the property. An auction sale is the normal route.
The auction sale process goes through several steps. The lender must publish a notice of an upcoming sale each week for at least four weeks prior to the sale in a widely read newspaper in the area where the property is located. Within 20 days of established sale date, a notice must be posted at the property location. The sale must be recorded at the office of Clerk or County Recorder within the same period.
The published notice must contain a number of components. The name and contact information of sale trustees and the price of the original obligation and the date, location and time of the sale must appear in the notice. There must be a street address and the legal property description. The beneficiaries of the sale must be a part of the notice in order for the sale to go forward.
The Arizona foreclosure process usually takes about 120 days, but it may be completed in as little as 90 days. The debtor and the lender can shorten the process by going to court and agreeing to a judicial foreclosure. Otherwise, when the sale is completed, there is a new official owner noted.
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