AvvoGoogle Business
Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"
Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"

Trustee's Sale Articles & Resources

Information about Arizona Foreclosures, including Trustee's Sale

Trustee’s Sale Articles & LinksSite Producer2025-08-07T10:14:10-07:00

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

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

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

Diane is very concerned for your well-being

“My anxiety faded away with each conversation we had ” R.L. If you are considering a bankruptcy, there is no other person in the state of Arizona to talk with other than Diane Drain. She is very concerned for your well-being. Her knowledge and expertise allowed me [...]

answered all of my questions thoroughly

"answered all of my questions thoroughly" E.L. Diane and Jay were amazing! They made everything so easy and answered all of my questions thoroughly. I appreciate all the help and guidance I received throughout my filing experience. I would highly recommend Diane to anyone looking into bankruptcy. [...]

To file bk was a very hard decision to have to make

"To file bk was a very hard decision to have to make" A.C. To file bk was a very hard decision to have to make. I felt like a failure. In my early 20’s my husband and I bought a home and financed it using an arm [...]

Diane is sincerely interested

Diane is sincerely interested. S.B. We are grateful to Jay for us sound advice and, also, to Diane for answering our messages. Diane is sincerely interested in any questions you may have.

My wife and I would highly recommend Diane Drain

"My wife and I would highly recommend Diane Drain." R. My wife and I would highly recommend Diane Drain to any one who is considering bankruptcy. She handled our case professionally and in a very timely manner. Diane and her team made a long, frustrating process pretty painless. Thank [...]

Absolutely top notch

"Absolutely top notch" D.W. Absolutely top notch.   All my questions were answered.    Would definitely recommend this firm to anyone.

We received invaluable expertise, recommendations, and advice throughout our chapter 13

“We received invaluable expertise, recommendations, and advice throughout our chapter 13. ” B.S. "The decision to declare bankruptcy is difficult. The journey through a 5-year Chapter 13 is more difficult. What was NOT difficult was the invaluable expertise, recommendations, and advice throughout that we received from Diane [...]

Diane was patient, thorough, sympathetic, quick with responses and obviously knew what she was doing.

“Diane was patient, thorough, sympathetic, quick with responses and obviously knew what she was doing. ” D.S. I've never had to consult a bankruptcy attorney before but recently had to do just that on behalf of a family member. Although we decided to not go through with [...]

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 [...]

It was clear she cared and was committed to helping people

"It was clear she cared and was committed to helping people." Posted on AVVO Anonymous  When I made my decision to file for bankruptcy I did some research. I went through a link on the U.S. court website and read a lot online. Referrals from the court website [...]

There will never be a way to repay all you did for us

"There will never be a way to repay all you did for us." J & P I thought lawyers were all greedy. You made sure we could afford your fees which allowed us to keep our car. There will never be a way to repay all you did [...]

She’s the best!

"She's the best!" P.I. Diane helped me file a bankruptcy. I messed up and continued paying on one credit card. It was because of Diane's expert help that I was refunded my full amount of $1200.

I would not hesitate to recommend Mr. Drain to anyone

"I would not hesitate to recommend Mr. Drain to anyone" R. It became necessary for me to file bankruptcy in earlier this year. While I was contemplating that action, I interviewed with several attorneys to determine their attitudes and work habits. In all but one I felt that the [...]

Filing for bankruptcy Is not the end of the world

“No one wants to go through bankruptcy. But if you do find yourself in that position, it's not the end of the world. ” L.A. If you find yourself in the situation where you have to go through bankruptcy proceedings, there is no better persons that Diane [...]

Diane has many years of experience and is honest and it shows.

“Diane has many years of experience and is honest and it shows...” J.C. To declare Bankruptcy is a both personal and difficult and at time can seem overwhelming , but With Diane and Jay they made the journey as comfortable and easy understanding as possible. with Diane [...]

Superb Client Service

“Superb Client Service” E.G. Diane and Jay have far exceeded my expectations of legal services by going above and beyond. Not only did they help me prepare during that most stressful time period in my life but also educated me during the process to prevent any future [...]

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 [...]

Helpful to establishing a stable life

“Helpful to establishing a stable life” 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 obtained was and is very helpful to have a [...]

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