AvvoGoogle Business

AZ Foreclosure Articles & Links

Information about Arizona Foreclosures

AZ Foreclosure Articles & LinksSite Producer2025-09-05T09:20:27-07:00

What is a foreclosure?

When a borrower doesn’t perform their financial obligations, a lender may legally seize and sell a home or other property. This method is called foreclosure. There are various types of foreclosures in Arizona.

  1. The trustee’s sale procedure is the most used in Arizona. When the lender decides to foreclose on the borrower’s property, there are laws governing the process. Normally the trustee’s sale, in comparison to other processes, is cheaper and quicker (at least 90 days). In this method, there is no court involvement.
  2. The second process is a judicial foreclosure. This is a court procedure. Therefore, it is more expensive and takes longer. The advantage for the lender is that a deficiency action could be brought against the borrower or guarantor. The homeowners’ association (“HOA”), or those who purchased back taxes may also use this court process.
    • The sheriff’s sale comes after the judicial foreclosure. As was already mentioned, the process begins in court. The task of selling the property is then given to the sheriff. Lenders, HOAs, and investors in back taxes normally use this.

The following will explain a few of the fundamentals of Trustee’s Sale.

If you fall behind on your mortgage payments in Arizona, the trustee’s sale is one of the things your lender can do.  A judicial foreclosure is the second option. The trustee’s sale is often chosen because it lets the lender move faster and costs less than the judicial foreclosure.

Quick Links to Articles & Resources

Deficiency-Flow-Chart-6-20-1

Learn more about the Trustee’s Sale process by clicking on the following link.

Visit “Trustee’s Sale Process”

Our frequently asked questions includes many questions about: foreclosure rescue scams, the trustee’s sale process, if you have a VA loan, living in the property and excess sale proceeds.

Visit Trustee Sale FAQs

(As of May 28, 2018 this became permanent Federal law. Also see links at bottom to Arizona Landlord Tenant Act)

by Attorney Janet Portman Protecting Tenants in Foreclosure Act – Federal legislation signed in May 2009 gives important rights to tenants whose landlords have lost their properties through foreclosure. The mortgage industry crisis that started in 2006 has resulted in thousands — no, make that millions — of foreclosed homes. Most of the occupants are the homeowners themselves, who must scramble to find alternate housing with very little notice. They’re being joined by scores of renters who discover, often with no warning, that their rented house or apartment is now owned by a bank, which wants them out.

Read More by visiting

Tenants and Trustee Sales (foreclosures)

Visit Arizona Trustee’s Sales and Bankruptcy by Diane Drain

Property which is pledged as collateral on a debt will sometimes be surrendered to the creditor if the debtor is unable to make payments.

The rise in incidents of foreclosure of homeowner mortgages across the nation is but one aspect of this. Repossessions of cars and mobile homes are also common occurrences in the current economic environment. This article explores the income tax consequences to the borrower which may ensue from surrendering property to satisfy a debt. In general there are two tax aspects to consider: (1) recognition of gain or loss on the transaction and (2) recognition of cancellation of indebtedness (COD) income.

Read More about this by visiting the link below

Tax Issues in short sales, trustee and sales and foreclosures, by Robert Ciancola

Visit Investing in Post-Trustee Sale Properties

Visit “Sue on the Note or Foreclose on the Property – what is the difference?” by Stephanie Monroe Wilson. An Arizona attorney

Visit “Buying Tax Liens: Not an Entirely Gold Plated Investment“, by Chris McNichol, an Arizona Attorney

“Tax Lien Sales Winner for County (but not investors)“, by Mike Fimea, Arizona Business Gazette, February 19, 2004, volume 124

When deciding whether to fight to keep your home or let the lender foreclose, it’s important to know what the lender’s processes are.

How long before my house has equity?

Find out by using the calculator below. This tool will allow you to calculate when you will have equity in your home.

The principal and interest make up the majority of your mortgage payment. The main is the amount borrowed, while the interest is the fee paid to the lender. Your lender may additionally collect an additional sum each month to place in escrow, which the lender (or servicer) normally pays directly to the local property tax collector and your insurance provider.

Clients from all across Arizona have put their trust in us

I took your advice and have that old monkey off my back now!

"I took your advice and have that old monkey off my back now!" L.M. I had an old debt surprise me the other day by way of a Summons and Diane was kind enough to give me some solid advice. She is very knowledgeable and I highly [...]

very compassionate and explains everything

"very compassionate and explains everything" J & B.S. It was such a pleasure working with Diane through this difficult process. Diane is a wonderful attorney who not only knows the bankruptcy law inside and out, but is very compassionate and explains everything in detail through each step [...]

Diane handled a complicated eviction / Lift of Stay on a tenant who filed bankruptcy

“Diane handled a complicated eviction / Lift of Stay on a tenant who filed bankruptcy” B.R. Diane Drain is an expert who gets the job done!  We hired Diane Drain to handle a complicated eviction / Lift of Stay on a tenant who filed bankruptcy. Not only [...]

I Leaned on Diane’s Expertise

“Diane Took the Time to Drop Great Wisdom and Insight for my Situation. ” D. C. I called to lean on Diane’s expertise around trust deed financing (even though it’s not her primary practice focus) and she took the time to drop great wisdom and insight for [...]

Great attorney

"Great attorney" J. I live in Las Vegas and had a legal matter involving bankruptcy. My attorney in Las Vegas informed me that I would need an attorney from Arizona since the claim was filed in Arizona. I knew no one so went online and searched for Arizona attorneys. [...]

I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!!

“I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!!” S.C. I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!! If you're serious about filing for bankruptcy than I suggest you go with Diane Drain!!! From [...]

I can not imagine being treated with more professionalism

"I can not imagine being treated with more professionalism!" S. I want to express my appreciation to you and your assistant Jay for all your hard work. I can not imagine being treated with more professionalism and respect that you did. Going to the entire bankruptcy process [...]

Diane, Thank you so much!

"Diane, Thank you so much!" G.S. Diane, Thank you so much! You did a fantastic job and made this complex process so easy to understand. As you know I interviewed a different Attorney first. I’m so happy I choose you! You are by far the most informed person on [...]

I appreciate all your support and compassion

"I appreciate all your support and compassion." M.C. After a divorce I found myself in a situation where I needed to file bankruptcy. I hired Diane and could not be more pleased. Thank you so much for all your hard work on my case. I appreciate all your support [...]

She guided us through the entire process – five stars

“Diane is an excellent Bankruptcy Attorney - five stars  ” M.W. Five stars.  Diane is an excellent Bankruptcy Attorney. She guided my wife and I through the entire process. We highly recommend her to anyone who needs to file a bankruptcy. M.W.

You truly are amazing

"You truly are amazing" B. & M. You truly are amazing – we can never thank you enough for your hard work, concern and professionalism. I knew from my initial phone call to you that I was very lucky to have found you. [...]

The best professional relationship that I have had with an attorney

"The best professional relationship that I have had with an attorney" M.L. The best professional relationship that I have had with an attorney (I’ve had more than my share of their services!)_I was treated with respect and all things were timely, correct, and according to plan. Thank you [...]

Diane has a very calm confidence because she knows the laws inside and out

Diane has a very calm confidence because she knows the laws inside and out. L.D. Diane is very smart, patient, kind and sincere. I am a better person for knowing her. I was so nervous to call and start the process but Diane made everything seem easy. [...]

If there is more than 5 stars, I would Jump to give the highest

"If there is more than 5 stars, I would Jump to give the highest." P.G. If there is more than 5 stars, I would Jump to give the highest possible rating to attorney Diane Drain. Before I called Diane, we did our own research, read everything on their web [...]

Diane helped guide me through the bankruptcy every step of the way, with a very calm demeanor

Diane helped guide me through the bankruptcy every step of the way, with a very calm demeanor. D.W. If you have to file bankruptcy, I recommend you hire Diane Drain. After speaking to 3 other bankruptcy attorneys before Diane, I believe I know the difference between a knowledgeable, professional, [...]

Diane understands that a simple mistake could cost you in many ways

Diane understands that a simple mistake could cost you in many ways. J.D. After choosing to file bankruptcy, I selected another attorney at first, which was a huge mistake. He offered payment plans which seemed to be a good choice at the time. However, his lack of [...]

Diane and Jay are a great team

“Amazing experience” L.A. Diane and Jay are a great team. Diane took the time to explain every step of the way and provide me with so much education regarding my bankruptcy. The material I obtain was and is very helpful to have a stable life. Thank you [...]

Following her guidance help make the process as smooth as possible

“Following her guidance help make the process as smooth as possible” D.K. Diane is extremely knowledgeable about the whole process. Following her guidance help make the process as smooth as possible. Throughout the process she treated me with the upmost in respect and professionalism. [...]

Beyond the Bankruptcy Paperwork: It’s Not Just Filling Out Forms, and Understanding The Attorney’s Role

Many people, including inexperienced attorneys, think that bankruptcy is simple. To quote a first-year law student on their first day in bankruptcy class, "It is [...]

Are you or a loved one experiencing financial hardship?

Help Yourself or Someone You Love
Share your info (or a loved one’s) below to receive clear, actionable steps today to begin the FREE Consultation process. Feel free to ask us anything along the way.

This field is for validation purposes and should be left unchanged.
Name(Required)
Consent to receive email(Required)

Information submitted through this form is used solely to respond to your inquiry. We do not sell, share, or use your information for marketing purposes. Submitting this form does not create an attorney-client relationship or mean that we represent you. Please do not include confidential or time-sensitive information.

Go to Top