Right to notice and at least 91 days between the recorded notice and the sale
Ariz. Rev. Stat. § 33-808(A), (C)(1)
In plain words
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.
Who is protected
Arizona homeowners facing a trustee sale.
When it applies
- Only in Arizona.
- Only once a sale date is set.
What you can do
Put the deadline on your calendar
Check the recording date on the notice and count 91 days.
Deadline: The sale date: no sooner than 91 days after the notice of sale was recorded
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
- Arizona law does not require a separate state notice of default; your deed of trust may.
- 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 lawNotice of trustee’s sale
Ariz. Rev. Stat. § 33-808(A), (C)(1)
Exact part: (A), (C)(1)
What it says: Sets the recording, posting (20 days), publication (4 weeks) and 91-day minimum before the sale.
Read the official texthttps://www.azleg.gov/ars/33/00808.htm - State lawMailing the notice of sale
Ariz. Rev. Stat. § 33-809
What it says: Requires the trustee to mail the notice of sale to the trustor and others entitled to it.
Read the official texthttps://www.azleg.gov/ars/33/00809.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 reinstate until 5 p.m. the last business day before the sale
Ariz. Rev. Stat. § 33-813(A)
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.
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.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
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.
Read this rightChapter 13: catch up on missed mortgage payments over time
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.
Read this right