Foreclosure guide
The Arizona trustee's sale timeline, week by week
Arizona foreclosures don't go through a courtroom — they run on a recorded notice and a calendar. Here is that calendar, week by week, with what you can still do at each stage. The single most important number: the auction can happen as soon as the 91st day after the notice is recorded.
Before any notice: the missed-payment phase
Falling behind does not start the foreclosure clock by itself. Under federal mortgage-servicing rules, a servicer generally cannot make the first official foreclosure filing until you are more than 120 days delinquent, and it must tell you about loss-mitigation options in the meantime. This phase is where a phone call to the lender costs nothing and can buy real time — ask about forbearance, repayment plans, or a modification, and talk to a free HUD-approved housing counselor.
Day 0: the Notice of Trustee's Sale is recorded
Arizona home loans are almost always secured by a deed of trust, which gives a trustee the power to sell the property without a lawsuit if the loan defaults (A.R.S. § 33-807). Foreclosure formally begins when the trustee records a Notice of Trustee's Sale with the county recorder. The notice states the sale date, time, and place — and that date must be no sooner than the 91st day after recording (A.R.S. § 33-808).
Within five business days after recording, the trustee mails the notice to the borrower and other interested parties (A.R.S. § 33-809). If a letter like this arrives, do not set it aside — the clock is already running.
Days 1–90: the working window
During these roughly thirteen weeks the law also requires the sale to be advertised — published in a newspaper of general circulation once a week for four consecutive weeks (last publication at least 10 days before the sale) and posted on the property at least 20 days before the sale (A.R.S. § 33-808). More importantly, this is the window where you still hold every option:
- Reinstate. Pay the past-due amounts plus allowable fees — not the whole loan — and the foreclosure is cancelled. This right runs until 5:00 p.m. on the last business day before the sale (A.R.S. § 33-813).
- Work out the loan. Modification, forbearance, or a repayment plan through the servicer. Start early: approvals are slow, and the 91-day clock does not pause while an application is reviewed.
- Sell before the sale date. You keep full ownership rights until the auction happens. A sale that closes before the sale date pays off the loan and past-due amounts through the title company, stops the foreclosure, and puts the remaining equity in your pocket. With a cash buyer this can work even inside the final weeks — see our behind-on-payments guide for how owners choose between these options.
- Bankruptcy or legal challenge. In some situations a bankruptcy filing pauses the sale. That is strictly attorney territory — get advice before the final week, not during it.
Day 91+: the auction
The trustee auctions the property to the highest bidder at the published time and place (sales may also be postponed to a later date by announcement). The winning bidder receives a trustee's deed. There is no post-sale redemption period for the former owner after an Arizona trustee's sale — once the sale is complete, ownership has changed.
After the sale
- Excess proceeds. If the winning bid exceeds what was owed, the surplus is distributed in priority order under A.R.S. § 33-812 — junior lienholders are paid first, and the former owner must apply through the court to claim what remains. Equity is recoverable this way, but slowly and only after everyone else in line.
- Deficiency. If the sale brings less than what was owed, Arizona's anti-deficiency statute (A.R.S. § 33-814) protects many homeowners — for qualifying single- or two-family homes on 2.5 acres or less, the lender generally cannot sue for the shortfall on a purchase-money loan. Whether your loan qualifies is a question for an attorney.
- Moving out. The new owner can begin eviction proceedings if the former owner remains. Credit reporting of the completed foreclosure follows.
The honest summary
Before the sale date, you control the outcome: reinstate, restructure, or sell and keep your equity. After the sale date, other people control it: the high bidder, the court, and the priority list for excess proceeds. Whatever you choose, choose it early in the 91 days — including getting a written cash offer so you know exactly what walking away with your equity looks like. That offer is free, private, and doesn't obligate you to anything: request it here or call 602-462-8891.
Frequently asked questions
How many days after the notice is the auction?
No sooner than the 91st day after the Notice of Trustee's Sale is recorded (A.R.S. § 33-808). Sales are sometimes postponed, but plan around the minimum.
What's the last day I can catch up on payments?
Reinstatement runs until 5:00 p.m. MST on the last business day before the sale date (A.R.S. § 33-813) — past-due amounts and fees, not the whole loan.
Can I still sell after the notice is recorded?
Yes, any time before the auction completes. The payoff comes out of proceeds at closing, the foreclosure stops, and remaining equity is yours.
If the auction brings more than I owe, do I get the difference?
Not automatically. Excess proceeds are distributed by priority under A.R.S. § 33-812 — junior liens first — and claiming the remainder takes a court application. Selling before the auction is usually the surer way to keep equity.
Official sources and free help
- A.R.S. § 33-807 — the trustee's power of sale.
- A.R.S. § 33-808 — notice of trustee's sale: the 91-day minimum, posting, and publication.
- A.R.S. § 33-809 — mailing of the notice to the borrower.
- A.R.S. § 33-812 — distribution of sale proceeds and excess-proceeds claims.
- A.R.S. § 33-813 — reinstatement rights and deadline.
- A.R.S. § 33-814 — deficiency judgments and Arizona's anti-deficiency protection.
- HUD-approved housing counselors — free foreclosure counseling.
- CFPB — help for homeowners — federal loss-mitigation rules and options.
Disclaimer: This guide is general information about Arizona's non-judicial foreclosure process, not legal or financial advice, and reading it does not create any professional relationship. Statute references are current as of the last-updated date above, but laws change and deadlines in your notice control. If a trustee's sale has been noticed on your home, have an Arizona attorney or a free HUD-approved housing counselor review your specific situation now — especially before relying on reinstatement, bankruptcy, or anti-deficiency rules. AZ Home Cash is a home buyer, not a law firm, lender, or credit counselor.