Some Facts About The Arizona Foreclosure Process

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.

Under Arizona law, the mortgage on a property is considered a lien. Until payment of all liens in completed, the ownership remains with the lender under the trust deed. Deeds in Arizona property sales usually contain a provision for a Power of Sale. This allows the lender to proceed with a non-judicial foreclosure if the borrower goes into default.

When a borrower misses payments, known as defaulting on the loan, the lender must file a default notice called a Lis Pendens to place the property into pre-foreclosure. This puts the burden on the borrower to remedy the past due payments during the grace period that is allowed. Clearing the past due payments will take the property from the pre-foreclosure process.

Sometimes the homeowner sells the distressed property during the grace period. The buyer provides the funds to pay off the mortgage. The homeowner doesn’t take any hits on the credit report but has lost property ownership and rights. In some instances, the owner is able to get a price for the home that will make it possible to get into a different, preferably less expensive, property.

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.

We all know that we dread thought of foreclosure and it happening to your home. To find the right information that could help you in az foreclosures, you need to look online. Many Arizona foreclosure sites can help you.