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.
- 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.
- 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
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
Deficiency-Flow-Chart-8-7-25 re trustee sales and foreclosure.
(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
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 “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.
Mortgage Repayment Calculator
mortgage payment calculator provided by bankrate.com
Clients from all across Arizona have put their trust in us
Thank you for the good news and for being nothing less than a “stellar” legal representative
"Thank you for the good news and for being nothing less than a “stellar” legal representative" C.M. Diane, Thank you for the good news and for being nothing less than a “stellar” legal representative, a great and understanding sounding board for me during a most difficult and [...]
Diane and Jay are the Best
“Diane told me how to file a complaint against Scott Forrester and ask the State Bar for my money back.” D.B. Diane and Jay have been wonderful to work with, they are really the best. I found them after paying Scott Forrester and finding out he was [...]
I never felt ashamed about my decision because you were so kind to me
"I never felt ashamed about my decision because you were so kind to me!" E.B. *I never felt ashamed about my decision because you were so kind to me about my situation. I thank you for you kindness and compassion as I struggled with my decision. I [...]
Any questions we had were answered quickly.
“Any questions we had were answered quickly. ” L. C. Diane and Jay have been wonderful through this whole experience. I don’t know what we would’ve done without them. Any questions we had were answered quickly. I would highly recommend their law firm if you’re looking for [...]
Thanks for your professional and compassionate treatment
"Thanks for your professional and compassionate treatment." M & B Thanks for your professional and compassionate treatment of B. and myself. It was a pleasure working with you. As you are well aware, this was a very trying and sometimes painful 6 months but you helped us get [...]
Diane and Jay were very patient with us
"Diane and Jay were very patient with us" N & J Diane and Jay were very patient with us in explaining every important detail involved in our case which helped ease the anxiety that sometimes came when we felt unsure about certain questions, Thank you. [...]
I felt well prepared and protected by Diane
“I highly recommend Diane Drain if you are looking for a fantastic bankruptcy attorney who will look out for you and your interests.” D.D.Z. Diane has been an amazing attorney. This was a hard time in my life but she kept me on track and was incredibly [...]
Bankruptcy Changed Our Lives for the Better.
"I'm forever grateful for her help during such a difficult time, and all she did to change our lives for the better." M.M. Years after declaring bankruptcy, I can reflect on how far my wife and I have come financially. I remember the shame and fear that [...]
ROCKSTARS Diane and Jay!!! I am so happy
“ROCKSTARS Diane and Jay!!! I am so happy ” P.C. ROCKSTARS Diane and Jay!!! I am so happy to work with you again. Within a few months, you got me the BEST results. You did exactly what you said you would do. You went above and beyond [...]
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. [...]
Diane and Jay were wonderful to work with.
“Diane and Jay were wonderful to work with.” P. Diane and Jay were wonderful to work with. They helped us navigate the bankruptcy process. They were informative and answered all our questions. We highly recommend them! P.
Your fees are extremely reasonable
"Your fees are extremely reasonable!" N. We cannot thank you enough for helping us through this difficult and embarrassing situation. After our first phone conversation I had no doubt you would be able to help us and that you actually cared about our situation. So many larger firms [...]
She Took the Time to Help Me Find Someone
“The Kind of Attorney You Want on Your Side... ” A.V. Diane Drain is an amazing person. She is the kind of attorney you want on your side and comes highly recommended by other attorney's. Even though my case was not a bankruptcy case, she took time [...]
avoid bankruptcy mills
"Avoid bankruptcy mills" D. & B. We were extremely pleased with the quality and level of support you and Jay provided. We had shopped around a bit before contacting you and once we did the comparison with other attorneys and bankruptcy “mills” was extremely and significantly positive. [...]
If you do your work (make sure everything is accurate) she will do hers and you will have great results
If you do your work (make sure everything is accurate) she will do hers and you will have great results. C & P Diane is a great attorney that made our BK experience as smooth as possible. Before seeing Diane, we went to another attorney who told [...]
Diane shows compassion and understanding to her clients.
“Diane shows compassion and understanding to her clients.” M.W. Diane provides educated and honest information throughout the entire process. She shows compassion and understanding to her clients. She was not my first attorney but took my case on in very short order. She cleaned up all of [...]
Diane Was Fabulous During Our Bankruptcy
“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” S.R. Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn't know where to turn and felt uncomfortable filing. Her [...]
Being of Service to Others certainly overshadowed any money motivation…in the end her expert consultation did not cost us any money.
“Being of Service to Others certainly overshadowed any money motivation…in the end her expert consultation did not cost us any money. ” G.G. Diane was great at coming to our rescue during very stressful times… Dianne and her team were always in good communication and they always [...]
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 [...]
A Cautionary Tale for Arizona Homeowners
After 100 Years of Protecting Homeowners, Arizona's Law Changes to Give Creditors New Rights to Take Your Home Depending on the [...]
The Lowdown on Business Bankruptcy: What You Need to Know
Bankruptcy is a complex process that can have significant implications for your business and personal finances. Before considering business bankruptcy as an option for [...]
How to Safeguard Yourself from Debt Relief Scams
In today's consumer landscape, credit cards are the normal tools for managing finances and making purchases. However, having credit card debt can lead to [...]