State Foreclosure Law

Arizona Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for Arizona.

Process
Varies
Both judicial and non-judicial available §
Typical Timeline
~150 days
From first notice to sale
Homestead Exemption
$250,000
Automatic — no filing required
Deficiency Judgment
Limited
Not after non-judicial sale
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
3 cited
19 needs check
5 gaps
Not legal advice. This page provides general information about Arizona foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — always confirm current statute text and consult a Arizona-licensed attorney for advice specific to your situation.

Governing Statutes

Citation Title Covers
A.R.S. § 33-801 et seq. Deed of Trust and Trust Deeds Non-judicial trustee's sale process, notice requirements, sale procedures, trustee duties
A.R.S. § 33-814(G) Anti-Deficiency Statute Bars deficiency judgments on residential property of 2.5 acres or less — applies to all purchase money AND refinance deeds of trust
A.R.S. § 33-1101 et seq. Homestead Exemption Homestead exemption of $250,000 for residential property
A.R.S. § 12-1281 et seq. Judicial Foreclosure Alternative judicial foreclosure process for mortgages (rarely used)

Non-Judicial Foreclosure Process

Awaiting verification
1
Default and CFPB Pre-Filing Period
~120 days
Federal law requires your servicer to wait at least 120 days after the first missed payment before recording a Notice of Trustee's Sale. During this window, the servicer must try to contact you and review you for loss mitigation options including forbearance, modification, repayment plans, short sale, and deed-in-lieu.
2
Record Notice of Trustee's Sale
~91 days
The trustee records a Notice of Trustee's Sale with the County Recorder. The notice must include the sale date, time, and place; a property description; the lender's name; the debt amount; and the trustee's contact information. This recording starts the 91-day countdown to the sale.
3
Service and Publication of Notice
~28 days
Within 5 business days after recording, the trustee must mail copies to you and all parties with recorded interests. Within 20 days, the notice must be posted on the property. The notice is also published weekly for 4 consecutive weeks in a local newspaper, with the last publication at least 10 days before the sale.
4
91-Day Waiting Period
~63 days
The sale cannot happen until at least 91 days after the notice is recorded. This is your window to pursue loss mitigation, catch up on payments, refinance, sell the property, or challenge the foreclosure in court. The trustee may postpone the sale during this period.
5
Right of Reinstatement (Up to 5 Business Days Before Sale)
~5 days
You can reinstate your loan — pay all past-due amounts plus fees and costs to bring it current — at any time until 5 business days before the sale. After that cutoff, catching up on payments is no longer enough. The only way to stop the sale is to pay off the entire loan balance.
6
Trustee's Sale (Public Auction)
~1 days
The trustee sells the property at public auction on the date and place specified in the notice. The lender can credit bid up to the full debt amount without paying cash. Third-party bidders compete against the lender. The highest bidder wins and pays the trustee in cash or certified funds.
7
Trustee's Deed and Title Transfer
~3 days
The trustee issues a Trustee's Deed to the buyer, which is recorded to complete the title transfer. All junior liens except property taxes are wiped out by the sale. For qualifying homes (1-2 units, 2.5 acres or less, owner-occupied), the anti-deficiency protection under A.R.S. § 33-814(G) takes effect immediately — the lender cannot sue you for any remaining balance.
8
Eviction (Forcible Detainer)
~7 days
If you remain in the property after the deed is recorded, the buyer files for eviction (Forcible Detainer) in Justice Court or Superior Court. Arizona's process is fast — a hearing can be set within 5-7 business days. The court issues a Writ of Restitution and the constable or sheriff changes the locks. Tenants with valid leases get 90 days' notice under federal law.

Judicial Foreclosure Process

Awaiting verification
1
File Complaint in Superior Court
The lender files a foreclosure complaint in the Superior Court of the county where the property is located. Defendants include the borrower, all junior lienholders, and any other parties with recorded interests.
2
Court Proceedings and Judgment
The case proceeds through normal civil litigation — service, answer, possible summary judgment motion. If the lender prevails, the court enters a judgment of foreclosure and orders the property sold by the Sheriff.
3
Sheriff's Sale and Redemption Period
The Sheriff conducts a public sale. After the sale, the former owner has a 6-month right of redemption to reclaim the property by paying the sale price plus interest IF the property sold for less than 2/3 of its appraised value. After 6 months (or if sold for more than 2/3 of appraised value), the purchaser receives clear title.

Homeowner Protections

Awaiting verification
Homestead Exemption
$250,000
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Prohibited after non-judicial sale
After a trustee's sale of a 1-2 family home on 2.5 acres or less that was your residence, no deficiency is allowed — regardless of loan type.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
Until 5 business days before the sale
All past-due payments, late charges, trustee's fees, attorney fees, and recording costs. The deed of trust remains in full force after reinstatement.

Mediation

Arizona does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.

Free Legal Resources in Arizona

  • Community Legal Services (CLS) — Central and Northern Arizona
    Maricopa County and surrounding central Arizona counties legal aid.
    clsaz.org →
  • Southern Arizona Legal Aid (SALA)
    Southern Arizona (Pima County and surrounding counties) legal aid.
    sazlegalaid.org →
  • DNA People's Legal Services
    Navajo Nation and rural northern Arizona legal aid.
    dnalegalservices.org →
  • Three Rivers Legal Services
    Western Arizona (Yuma, LaPaz, Mohave counties) legal aid.
    trls.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Arizona. Can help with loan modification applications, mediation preparation, and understanding your options.
    Find a counselor in Arizona →
  • 📋
    State Bar of Arizona — Lawyer Referral Service
    Lawyer referral service for your area.
    azbar.org →
🛟
If you're facing foreclosure in Arizona, free help is available right now. Call 1-800-569-4287 or find a HUD-approved housing counselor near you at no cost.