Right to reinstate until 5 p.m. the last business day before the sale
Ariz. Rev. Stat. § 33-813(A)
In plain words
In Arizona you can stop a trustee sale by paying what is past due (not the whole loan), curing other defaults and paying allowed costs and fees. You must do it before 5:00 p.m. Arizona time on the last business day before the sale. After you reinstate, the loan continues as if there had been no default.
Who is protected
Arizona trustors (borrowers) and junior lienholders under a deed of trust.
When it applies
- Only in Arizona.
- Only after a notice of default or once a sale date is set.
What you can do
Ask in writing
Ask the trustee in writing for a reinstatement quote good through the sale date.
Deadline: Before 5 p.m. on the last business day before the sale
Open the toolPut the deadline on your calendar
Put this deadline on your calendar and pay in the form the trustee accepts.
Deadline: 5 p.m. Arizona time, last business day before the sale
Open the toolRead the Arizona guide
Our Arizona page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- You must pay the full past-due amount plus allowed costs; the trustee may require certified funds.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawReinstatement before trustee sale
Ariz. Rev. Stat. § 33-813(A)
Exact part: (A)
What it says: A trustor may reinstate before 5 p.m. on the last business day before the sale by paying what is due and curing defaults.
Read the official texthttps://www.azleg.gov/ars/33/00813.htm
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to notice and at least 91 days between the recorded notice and the sale
Ariz. Rev. Stat. § 33-808(A), (C)(1)
An Arizona trustee sale can be held no sooner than the 91st day after the notice of sale is recorded. The notice must be recorded, mailed, posted on the property at least 20 days before the sale, and published once a week for four weeks in a newspaper.
Read this rightRight to go to court to stop a trustee sale — but objections are lost if you wait
Ariz. Rev. Stat. § 33-811(C)
Arizona trustee sales happen outside court, but you can file a lawsuit and ask a judge for an order stopping the sale. Arizona law says you give up (waive) your defenses and objections to the sale unless a court order is entered before 5 p.m. on the last business day before the sale. So if you have a defense, act early.
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U.S. Const. amend. XIV, § 1Due Process Clause
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11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
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11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
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