Arizona is a Deed of Trust state. This means that the Arizona foreclosure process is through a surrender of property deed when foreclosure is needed. The law in Arizona allows for a judicial foreclosures, but also a lender and borrower can agree for a non-judicial sale. When a borrower is in default of payments, a lender can force a sale in order to recover funds lent to the defaulting borrower.
A Deed of Trust means that the mortgage is a lien against the property until the amount of any mortgage is completely paid. The law in Arizona allows for a property to be foreclosed through a judicial process. However, in practice, most foreclosures occur through a non-judicial process. A Power of Sale provision in a Trust Deed allows for the alternative form of foreclosure.
When the failure to pay is confirmed, the bank or other loan holder first establishes a Default Notice officially known as a Lis Pendens. Once this notice is filed, the foreclosure procedures will end in any of three ways. The first method is for the homeowner to make up the default and bring the payments back into line with the loan holder. This must be done within the grace period that is allowed by law.
The pre-foreclosure process might be ended another way. The borrower might be able to sell the distressed property to another buyer. With the funds from the sale, the borrower pays off the outstanding mortgage. Sometimes there is even enough equity in the foreclosed property to give the defaulting borrower a new start in another location. With this resolution, the individual doesn’t have a negative mark on his creditor report.
The final, and least desirable from the standpoint of a homeowner, way in which the pre-foreclosure period may be ended is for the distressed property to be taken by a lender and prepared for sale. This sale is usually an auction type. When the bank or the lender takes possession, the affected property is called real-estate owned or REO property.
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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