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.
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 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.
There are numerous steps that must occur prior to the actual sale. The lender has to publish the notice of sale in the local newspaper for at least four weeks prior to the date of sale. The newspaper has to be one that is commonly read in the area. The date of sale minus twenty days means that there must be a notice of sale posted at the location itself. The County Recorder must have a notice of sale filed there also within the 20 days preceding a sale.
The components in the published notice include where and when the auction sale will be held. The street address of the property and its legal description must be in the notice. The name of the trustee and how he can be contacted is necessary. The principal balance at the time of origin is included. Finally, the beneficiary of the sale must appear.
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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