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Arizona
Instruction to Jury Regarding Damages for Wrongful Foreclosure

Arizona Instruction to Jury Regarding Damages for Wrongful Foreclosure

Category:

Civil Procedure - Jury Instructions - Foreclosures

State:

Multi-State

Control #:

US-01365BG

Format:

Instant download

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Description

Foreclosure is the procedure by which a party who has loaned money secured by a mortgage or deed of trust on real property (or has an unpaid judgment), forces the sale of the real property to recover the money due, unpaid interest, plus the costs of foreclosure, after the debtor fails to make payment.

In most cases, a wrongful foreclosure action alleges that the amount stated as due and owing in the notice of default is incorrect for one or more of the following reasons: an incorrect interest rate adjustment, incorrect tax escrow collected, misapplied payments, or a forbearance agreement which was not adhered to by the servicer, Wrongful foreclosure actions are also brought when the servicers accept partial payments after initiation of the wrongful foreclosure process, then continue with the foreclosure.

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FAQ

In Arizona, most foreclosures proceed via a non-judicial process governed by a deed of trust executed and recorded at the time of purchase. By electing this procedure, the lender may proceed with a trustee's sale without having to file an action in court.

Foreclosure Eliminates Liens, Not Debt Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title.

Non-judicial foreclosures are the most commonly used form of foreclosure in Arizona, and are governed by Chapter 6.1 of Title 33 of the Arizona Revised Statutes (A.R.S. §§ 33-801 to 33-821). by court order after a judgment in a lawsuit (A.R.S. § 33-721 and see Judicial Foreclosure).

Chapter 13 bankruptcy in Arizona: It is a common option to go for to stop foreclosure. ing to chapter 13 bankruptcy, you are given a payment plan of 3 or 5 years to catch up with the payment in arrears. The lenders will be given orders to stop going forward with the foreclosure process.

Does Arizona Law Allow a Redemption Period After a Foreclosure? In short, yes. Arizona law allows the borrower a set amount of time after the foreclosure sale to redeem the property if the property foreclosure occurred through the judicial system and the borrower did not abandon the property before the foreclosure.

Type of Foreclosure in Arizona The lender sends the borrower a notice to cure default letter, which gives the borrower a set number of days to pay the past due balance and make the mortgage current. If the borrower cannot comply, then the lender can go to court and seek a foreclosure summary.