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

They provided a balance of head and heart combined with expertise

"They provided a balance of head and heart combined with expertise!" R.F. She and her team are responsive, knowledgeable, efficient, trustworthy, good communicators, detail-oriented, well-connected, caring and compassionate. They provided a balance of head and heart combined with expertise and appropriate action to get it done. Being a well-established [...]

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 [...]

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. [...]

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 [...]

I will be forever grateful to Diane and Jay for giving us our life back!

I will be forever grateful to Diane and Jay for giving us our life back! P.E. I cannot adequately describe how much we appreciate the help Diane and Jay provided us. We were in serious financial trouble, which created an incredible amount of stress that was beginning [...]

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 [...]

Diane was very concerned and compassionate

"Diane was very concerned and compassionate." Anonymous Filing bankruptcy was not an easy decision but Diane made the whole process very easy and understandable. As a client you have a lot of control as to your personal outcome. Be diligent, do the homework, and complete all the information [...]

Diane answered everything promptly with additional information

Diane answered everything promptly with additional information. E.H. Diane is a very informative, thorough, highly intelligent and respectful individual and lawyer. Any questions or concerns I had throughout my bankruptcy, she answered everything promptly with additional information. I recommend her services 100%!! Nothing but the highest praise for [...]

You made sure we could afford your fees

"You made sure we could afford your fees." 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 for us. [...]

This was a real learning experience!

"This was a real learning experience!" W.S. This was a real learning experience! Every time I met with Diane I learned new things. Each visit I became calmer about the situation because it was a big step in getting my life back in order. The educational experience [...]

You have help me once again attain the American dream

"You have help me once again attain the American dream…" J.R. I first met Diane Drain in September 2008 when she agreed to represent me in my Bankruptcy filing. It was a difficult decision for me as I had always had outstanding credit and prided myself on being [...]

Diane guided us every step of the way.

“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” D. 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 assurance [...]

Diane – you were nice and caring.

“You were very nice and caring. ” R.G. I cannot thank you enough Diane for taking the time to speak with me. Your website has so much information and very helpful. You were very nice and caring. Appreciate you!  R.G.   [...]

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 [...]

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 [...]

ou are a caring person, and most understanding

"ou are a caring person, and most understanding!" S & G In our eyes you are all A’s. You helped us so much. We are thankful for you and all your help. You are a caring person, and most understanding. You took time for us at a time [...]

There were no demons or dragons. It my constitutional right to be free of debt

There were no demons or dragons. It my constitutional right to be free of debt. V.M. I first met Diane in 2009. I was losing control of my finances and therefore my whole life seemed a day to day mix of anxiety and fear. I landed on [...]

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