Non-Judicial Foreclosure Process

Time Frame Paperwork
Preliminaries Declaration of Default
Substitution of Trustee (if needed)
Order Trustee’s Sale
Guarantee (TSG)
Start Record Notice of Default with County Recorder
10 days
30 days
10-Day Mailings
30-Day Mailings
2 months Authorization to Publish
Non-Military Affidavit
3 months Prepare Notice of sale
Order TSG Update 29 days priorto sale
29 days prior to sale Mail Notice to IRS (if necessary)
No later than
20 days prior
to sale
Publish, Post and
Mail Notice of Sale
No later than
14 days prior
to sale
Record Notice of Sale
5 days prior to Sale Date The borrower’s right to reinstate expires
Day Before Sale Complete Bid Instructions
Order TSG Update
Sale Day Conduct Sale
Prepare and Record
Trustee’s Deed

 

 

The Non-Judicial Foreclosure Process is a procedure created by the Arizona state legislature and is contained in the Arizona Revised Statutes, Title 33-701.

It’s to be expected that a non-judicial process that divests a defaulting property owner of their title to real property would be closely regulated to insure fair dealing and uniform application throughout the state.

The following four civil codes are the main statutes controlling foreclosure involvement in Arizona. They have been parsed out of the main revised statutes compilation to facilitate your familiarity and ready reference.

Since these laws are being continually modified and fine tuned by our busy legislators, you’d be smart to download them annually to insure you’re referencing the current law, with all its changes, rather than continuing to rely on older, out-of-date versions.