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 the Deed of Trust, the ownership of a property remains with a lender until all liens against a property are satisfied. Under Arizona law mortgages are considered liens. Arizona law calls for judicial foreclosures through the courts. Deeds of Trust usually contain a Power of Sale provision so that a non-judicial foreclosure is the typical method 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 third way in which the grade period ends is for the loan holder to take possession of the subject home according to a Power of Sale agreement. The property is then owned by the lender and is known as REO property. The lender has the right to sell the property, usually through an auction sale.
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.
Although the process for the Arizona foreclosure can take as little as ninety days, in practice it is usually around 120 days. Once the sale is complete, the buyer owns the sale property. The process can be shortened by the use of the judicial foreclosure process. Both the lender and the party in default go to court and the property is returned to the lender through a judgment.
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