Arizona Foreclosure Laws: Process, Timeline and Your Rights
Arizona foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for Arizona
- Judicial or non-judicial
- Both. Most Arizona home loans are deeds of trust, and the trustee has a power of sale that lets the property be sold outside of court after a default (a "trustee's sale"), even if the deed of trust does not say so. Ariz. Rev. Stat. § 33-807
- Time frames set by law
- A trustee's sale cannot be held before the 91st day after the notice of sale is recorded. The sale must be on a day other than a Saturday or legal holiday, between 9:00 a.m. and 5:00 p.m. Ariz. Rev. Stat. §§ 33-807(D), 33-808(B)–(C)
- Redemption after the sale
- After a trustee's sale, there is no right of redemption: the trustee's deed conveys the property "absolute without right of redemption." After a court-ordered (judicial) foreclosure sale, the owner may generally redeem within six months after the sale, or within 30 days if the court… Ariz. Rev. Stat. §§ 33-811(E), 12-1282
- Deficiency judgments
- Limited. After a trustee's sale of property of 2.5 acres or less that is limited to and used for a single one-family or two-family dwelling, the lender cannot sue for the shortfall (with exceptions for certain builder-owned, never-completed or never-occupied dwellings on loans made after… Ariz. Rev. Stat. §§ 33-814, 33-729
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Both. Most Arizona home loans are deeds of trust, and the trustee has a power of sale that lets the property be sold outside of court after a default (a "trustee's sale"), even if the deed of trust does not say so. The lender may instead choose to foreclose in court the same way as a mortgage. Once a court foreclosure action has been filed, a trustee's sale cannot be held unless that action is dismissed. The statute does not say which method is more common. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 33-807 |
|---|---|
| Required notices | For a trustee's sale, the trustee must record a notice of sale with the county recorder; within five business days after recording, mail a copy by certified or registered mail to the parties to the deed of trust; within 30 days after recording, mail a copy to others with a recorded interest or who recorded a request for notice (and, for single-family homes, to the property address); post the notice on the property and at a superior court building at least 20 days before the sale; and publish it once a week for four consecutive weeks in a local newspaper, with the last publication at least 10 days before the sale. The notice must warn, in bold capital letters, that anyone with a defense or objection must get a court order stopping the sale by 5:00 p.m. on the last business day before the sale, or the defenses may be waived. Re-verified 2026-10-27. |
| Time frames set by law | A trustee's sale cannot be held before the 91st day after the notice of sale is recorded. The sale must be on a day other than a Saturday or legal holiday, between 9:00 a.m. and 5:00 p.m. Re-verified 2026-10-27. |
| Right to catch up (reinstate) | Yes. The borrower (or a junior lienholder) may reinstate the deed of trust before 5:00 p.m. on the last business day before the sale by paying the amount then due (not counting principal that would not be due without the default), curing other defaults, and paying allowed costs, attorney fees and a capped trustee's fee. After reinstatement, the loan continues as if no default had occurred. On written request after the notice of sale is recorded, the trustee must give the exact reinstatement amount within five business days. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 33-813 |
After the sale
| Redemption after the sale | After a trustee's sale, there is no right of redemption: the trustee's deed conveys the property "absolute without right of redemption." After a court-ordered (judicial) foreclosure sale, the owner may generally redeem within six months after the sale, or within 30 days if the court found the property was abandoned and not used mainly for farming or grazing. Re-verified 2026-10-27. |
|---|---|
| Deficiency judgments | Limited. After a trustee's sale of property of 2.5 acres or less that is limited to and used for a single one-family or two-family dwelling, the lender cannot sue for the shortfall (with exceptions for certain builder-owned, never-completed or never-occupied dwellings on loans made after 2014). For other property, a deficiency suit must be filed within 90 days after the trustee's sale, and the deficiency is the debt minus the higher of the sale price or the court-determined fair market value. A similar limit applies to purchase-money mortgages foreclosed in court on qualifying homes. Re-verified 2026-10-27. |
| Tenants in a foreclosed home | A landlord who rents out a property after a foreclosure has started must give the tenant written notice of the possible foreclosure with the rental agreement. If the owner gets a notice of trustee's sale or other foreclosure notice after the tenant signed, the owner must give the tenant written notice within five business days. If the owner fails to do so, the tenant may give written notice under the landlord-tenant act, recover damages and get the security deposit back. This rule does not apply to buildings of four or more connected units. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 33-1331 |
HOAs, taxes and selling
| HOA liens and foreclosure | Yes, with limits. A planned-community or condominium association's lien for assessments may be foreclosed like a mortgage, but only if the owner has been delinquent for 18 months or owes $10,000 or more, whichever comes first. The board must make reasonable efforts to communicate with the owner and offer a reasonable payment plan before filing. Fines and other "member expenses" cannot be foreclosed. The association's lien is generally junior to a recorded first mortgage. Re-verified 2026-10-27. |
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| Property tax sales | Arizona sells tax liens, not the home itself. The owner (or the owner's agent, or anyone with a legal or equitable interest) may redeem the lien by paying the county treasurer at any time within three years after the tax lien sale, and after three years until the treasurer's deed is delivered to the certificate holder. Re-verified 2026-10-27. |
Foreclosure & Homeowner Law FAQ
Is Arizona a judicial or non-judicial foreclosure state?
Both. Most Arizona home loans are deeds of trust, and the trustee has a power of sale that lets the property be sold outside of court after a default (a "trustee's sale"), even if the deed of trust does not say so. The lender may instead choose to foreclose in court the same way as a mortgage. Once a court foreclosure action has been filed, a trustee's sale cannot be held unless that action is dismissed.
What notice is required before a foreclosure sale in Arizona?
For a trustee's sale, the trustee must record a notice of sale with the county recorder; within five business days after recording, mail a copy by certified or registered mail to the parties to the deed of trust; within 30 days after recording, mail a copy to others with a recorded interest or who recorded a request for notice (and, for single-family homes, to the property address); post the notice on the property and at a superior court building at least 20 days before the sale; and publish it once a week for four consecutive weeks in a local newspaper, with the last publication at least 10 days before the sale. The notice must warn, in bold capital letters, that anyone with a defense or objection must get a court order stopping the sale by 5:00 p.m. on the last business day before the sale, or the defenses may be waived.
How long does foreclosure take in Arizona?
A trustee's sale cannot be held before the 91st day after the notice of sale is recorded. The sale must be on a day other than a Saturday or legal holiday, between 9:00 a.m. and 5:00 p.m.
Can you stop a foreclosure by catching up on payments in Arizona?
Yes. The borrower (or a junior lienholder) may reinstate the deed of trust before 5:00 p.m. on the last business day before the sale by paying the amount then due (not counting principal that would not be due without the default), curing other defaults, and paying allowed costs, attorney fees and a capped trustee's fee. After reinstatement, the loan continues as if no default had occurred. On written request after the notice of sale is recorded, the trustee must give the exact reinstatement amount within five business days.
Is there a right of redemption after foreclosure in Arizona?
After a trustee's sale, there is no right of redemption: the trustee's deed conveys the property "absolute without right of redemption." After a court-ordered (judicial) foreclosure sale, the owner may generally redeem within six months after the sale, or within 30 days if the court found the property was abandoned and not used mainly for farming or grazing.
Can the lender come after you for the rest of the loan after foreclosure in Arizona?
Limited. After a trustee's sale of property of 2.5 acres or less that is limited to and used for a single one-family or two-family dwelling, the lender cannot sue for the shortfall (with exceptions for certain builder-owned, never-completed or never-occupied dwellings on loans made after 2014). For other property, a deficiency suit must be filed within 90 days after the trustee's sale, and the deficiency is the debt minus the higher of the sale price or the court-determined fair market value. A similar limit applies to purchase-money mortgages foreclosed in court on qualifying homes.
What happens to tenants when a rental home is foreclosed in Arizona?
A landlord who rents out a property after a foreclosure has started must give the tenant written notice of the possible foreclosure with the rental agreement. If the owner gets a notice of trustee's sale or other foreclosure notice after the tenant signed, the owner must give the tenant written notice within five business days. If the owner fails to do so, the tenant may give written notice under the landlord-tenant act, recover damages and get the security deposit back. This rule does not apply to buildings of four or more connected units.
Can an HOA foreclose on your home in Arizona?
Yes, with limits. A planned-community or condominium association's lien for assessments may be foreclosed like a mortgage, but only if the owner has been delinquent for 18 months or owes $10,000 or more, whichever comes first. The board must make reasonable efforts to communicate with the owner and offer a reasonable payment plan before filing. Fines and other "member expenses" cannot be foreclosed. The association's lien is generally junior to a recorded first mortgage.
How do you get your home back after a tax sale in Arizona?
Arizona sells tax liens, not the home itself. The owner (or the owner's agent, or anyone with a legal or equitable interest) may redeem the lien by paying the county treasurer at any time within three years after the tax lien sale, and after three years until the treasurer's deed is delivered to the certificate holder.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.