Arizona Foreclosure Law

In Arizona, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or nonjudicial foreclosure process. In Arizona, once a property is foreclosed, the borrower has no right of redemption and may be left with deficiency judgements.

Arizona Foreclosure timeline

AZ Foreclosure timeline is typically 90 days.

Judicial Foreclosure in Arizona

The AZ judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Nonjudicial Foreclosure in Arizona

The AZ nonjudicial foreclosure process is used when a power of sale clause exists in a mortgage or deed of trust.

What is a power of sale?

A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default.

In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee.

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