Arizona foreclosure laws: how the process works and how long it takes

• A.R.S. § 33-801 et seq.: Non-judicial trustee's sale process, notice requirements, sale procedures, trustee duties
• A.R.S. § 33-814(G): Bars deficiency actions after a trustee's sale of property of 2.5 acres or less limited to and used for a single one-family or two-family dwelling, subject to exclusions for some deeds of trust originated after December 31, 2014
• A.R.S. § 33-1101 et seq.: Homestead exemption of $400,000 for residential property, adjusted each January 1 for inflation since 2024
• A.R.S. § 12-1281 et seq.: Alternative judicial foreclosure process for mortgages (rarely used)

After a trustee's sale, if the former owner remains, the purchaser makes a written demand for possession and can then file a Forcible Detainer action with the clerk of the superior court (A.R.S. § 12-1173.01). If the court rules for the purchaser, it grants a Writ of Restitution, which cannot issue until 5 calendar days after the judgment (A.R.S. § 12-1178). Bona fide tenants receive 90-day notice under the federal Protecting Tenants at Foreclosure Act.

Arizona follows a notice recording statute (A.R.S. § 33-412). A purchaser who pays value without actual or constructive notice of a prior unrecorded interest takes priority. Arizona property taxes are generally paramount liens (A.R.S. § 42-17153), subject to the exceptions in § 42-17153(C)(3). Property tax liens generally have priority over mortgage liens.

Under A.R.S. § 33-816, the trustee's sale must be made, or a court foreclosure action commenced, within the period the law sets for an action on the contract the trust deed secures. For a debt founded on a written contract executed in Arizona, A.R.S. § 12-548(A)(1) sets that period at 6 years after the cause of action accrues. For any deficiency claim after a trustee's sale (where anti-deficiency does not apply — e.g., commercial property over 2.5 acres), the lender must bring the deficiency action within 90 days of the date of the trustee's sale (A.R.S. § 33-814(A)). Under A.R.S. § 33-814(G), deficiency actions after a trustee's sale of property of 2.5 acres or less limited to and used for a single one-family or two-family dwelling are barred, subject to the § 33-814(H) exclusions (builder, never-completed or never-used properties) for deeds of trust originated after December 31, 2014.

• Unpaid property taxes: Arizona counties sell tax lien certificates at annual sales for properties with delinquent real property taxes (A.R.S. § 42-18051 et seq.). The lien certificate holder earns interest (up to 16% in Arizona — the statutory maximum). Starting 3 years after the tax lien sale, if the lien is not redeemed, the certificate holder may bring an action in superior court to foreclose the right to redeem. Tax liens have priority over mortgage liens.

$400,000 (adjusted each January 1 for inflation since 2024). Arizona's homestead exemption is $400,000 in equity, adjusted each January 1 for inflation since 2024. It automatically applies to your primary residence — no filing required. It protects equity from judgment creditors and is valuable in bankruptcy. It does not stop a mortgage lender from foreclosing.