Judgment Note Form For Foreclosure In Arizona
Description
Form popularity
FAQ
A judicial foreclosure begins when the lender files a lawsuit asking a court for an order allowing a foreclosure sale. If you don't respond with a written answer, the lender will automatically win the case. But if you choose to defend the foreclosure lawsuit, the court will review the evidence and determine the winner.
FINAL JUDGMENT OF FORECLOSURE AND SALE The judgment will specify the total amount due and direct how the sale proceeds will be distributed.
Contact your servicer as soon as possible to discuss your situation and • Contact Arizona Foreclosure Prevention Hotline 1-877-448-1211 • Seek the advice of a HUD Approved Non-profit Housing Counseling Agency Counselor (see appendix for contact information.)
Foreclosure is the legal process that allows lenders to take ownership of a home when a borrower falls behind on mortgage payments. The process varies by state but is either judicial (requiring court approval) or nonjudicial (allowing lenders to proceed without a lawsuit).
An "Order" is a separate document that a judge signs which sets forth the judge's ruling on a motion. A "Judgment" is a separate document that a judge signs and sets forth the judge's ruling at the end of an adversary proceeding.
Notice of a Nonjudicial Foreclosure To officially start a nonjudicial foreclosure in Arizona, the trustee records a notice of sale in the land records. The sale date can't be any sooner than 91 days after the date the trustee records the notice. (Ariz.
Under the Protecting Tenants at Foreclosure Act of 2009, if a property is foreclosed on, the new purchaser has to give the tenant of the property (if the tenant isn't the former owner of the property) at least 90 days notice to vacate the property.
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).
Arizona lenders typically need between 90 and 120 days to foreclose on a property in a non judicial foreclosure process that is uncontested by the borrower.
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).
