Personal Property Foreclosure In Phoenix
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FAQ
In Arizona, the trustee starts the foreclosure process by the recording of a notice of sale in the county recorder's office. The notice must include the date, time, and place of the sale. The sale date can't be sooner than the 91st day after the notice of sale's recording date.
Foreclosure Laws in Arizona A notice of sale must be published in a newspaper located in the county where the property is located. The notice must be placed on the property 20 days before the sale date and it must be recorded in the recorder's office in the county where the property is located.
Federal law states that a bank may initiate foreclosure after 120 days of missed payments.
In Arizona, there are two types of foreclosure: Judicial and Non-Judicial/Trustee Sale. A judicial foreclosure, is a foreclosure by court action, similar to other common civil actions where one party sues another (i.e. bank files a lawsuit against the homeowner). (A.R.S. § 33-721).
Answer: After a judicial foreclosure in Arizona, the debtor or his successors in interest ordinarily may redeem at any time at any time within six months after the date of the sale (A.R.S. 33-12-1282).
Under federal law, the servicer usually can't start a foreclosure until the borrower is over 120 days delinquent on payments, subject to a few exceptions. (12 C.F.R. § 1024.41). This 120-day period provides most homeowners ample opportunity to submit a loss mitigation application to the servicer.
About Pre-Foreclosure in Arizona Even before the foreclosure process begins, there is a preceding stage called pre-foreclosure. The term pre-foreclosure means that a homeowner has gotten far enough behind on their payments that the lender has taken steps to enforce its rights.
The metro Phoenix foreclosure rate was 3.09 percent, which ranked the area at No. 17 in the nation. Both Arizona and Phoenix have notably higher foreclosure rates than that of the nationwide figure, which fell slightly to 1.39 percent for the year.