The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
Arizona Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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FAQ
The majority of ?Arizona foreclosures? are trustee's sales. In that process, the lender hires a real property trustee who records a Notice of Trustee's Sale. The interested parties are notified about the sale. Sometime after 90 days from the recording of the Notice of Trustee's Sale there will be a public auction.
The Trustee Sale Guarantee (TSG) is a title guarantee issued at the start of foreclosure. It assists the foreclosing beneficiary and trustee by delivering information needed to ensure compliance with state foreclosure statutes.
In an Arizona foreclosure, you'll most likely get the right to: receive a preforeclosure breach letter. apply for loss mitigation. get notice of the foreclosure sale. bring the loan current and stop the foreclosure sale. receive special protections if you're in the military. pay off the loan to prevent a sale.
Get up-to-date on mortgage payments Getting current on your mortgage loan may be able to stop the sheriff sale on your home. Make sure you know how much you need to pay, including late fees, and when the deadline is for making those payments before it's too late.
Who may initiate removal of a trustee under Arizona law? Under A.R.S. § 14-10706(A), the trust maker, a co-trustee, or a trust beneficiary may request that the Court remove a trustee. A Court may also remove a trustee on its own initiative.
Power of Sale. Non-judicial foreclosure auctions are often more expedient, though they may be subject to judicial review to ensure the legality of the proceedings.
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).
Before 5 P.M. on the last business day prior to the sale date, the trustor, the trustor's successor-in-interest, and any person having a subordinate interest may reinstate the loan and cancel the pending sale by paying the beneficiary, the trustee, or the trustee's agent the past due amounts then due under the contract ...
