Arizona is a Deed of Trust state. This means that the Arizona foreclosure process is through a surrender of property deed when foreclosure is needed. The law in Arizona allows for a judicial foreclosures, but also a lender and borrower can agree for a non-judicial sale. When a borrower is in default of payments, a lender can force a sale in order to recover funds lent to the defaulting borrower.

Under the Deed of Trust, the ownership of a property remains with a lender until all liens against a property are satisfied. Under Arizona law mortgages are considered liens. Arizona law calls for judicial foreclosures through the courts. Deeds of Trust usually contain a Power of Sale provision so that a non-judicial foreclosure is the typical method of foreclosure.

When the failure to pay is confirmed, the bank or other loan holder first establishes a Default Notice officially known as a Lis Pendens. Once this notice is filed, the foreclosure procedures will end in any of three ways. The first method is for the homeowner to make up the default and bring the payments back into line with the loan holder. This must be done within the grace period that is allowed by law.

Sometimes the homeowner sells the distressed property during the grace period. The buyer provides the funds to pay off the mortgage. The homeowner doesn’t take any hits on the credit report but has lost property ownership and rights. In some instances, the owner is able to get a price for the home that will make it possible to get into a different, preferably less expensive, property.

The third way in which the grade period ends is for the loan holder to take possession of the subject home according to a Power of Sale agreement. The property is then owned by the lender and is known as REO property. The lender has the right to sell the property, usually through an auction sale.

The auction sale process goes through several steps. The lender must publish a notice of an upcoming sale each week for at least four weeks prior to the sale in a widely read newspaper in the area where the property is located. Within 20 days of established sale date, a notice must be posted at the property location. The sale must be recorded at the office of Clerk or County Recorder within the same period.

In order to be a valid notice, the published information must include the date, time and location of a final sale. The street address, as well as the tax lot number and the legal description of property due for sale. Information on the Trustee and contact information and the name of the sale beneficiaries must be included. The final element required in the notice is the original principal balance.

The usual time requirement to accomplish an Arizona foreclosure is four months, although a rushed process can happen in as little as 90 days. The completion of the sale means that a new buyer owns the house. Some lenders and original buyers elect to shorten the process by going to court and agreeing to a judicial foreclosure.

We all know that we dread thought of foreclosure and it happening to your house. To find the right information that could help you in az foreclosures, you need to look online. A lot of Arizona foreclosure sites can help you.