What You Should Know About The Arizona Foreclosure Process
Arizona works with a Deed of Trust system. Under this type of deed, the loan holder can take back the distressed property in the event of a default....
Arizona works with a Deed of Trust system. Under this type of deed, the loan holder can take back the distressed property in the event of a default. The subject property can then be sold to satisfy the loan conditions. An Arizona foreclosure occurs when the the borrower can’t make payments on the mortgage and thus loses the property.
Under Arizona law, the mortgage on a property is considered a lien. Until payment of all liens in completed, the ownership remains with the lender under the trust deed. Deeds in Arizona property sales usually contain a provision for a Power of Sale. This allows the lender to proceed with a non-judicial foreclosure if the borrower goes into default.
When a borrower misses payments, known as defaulting on the loan, the lender must file a default notice called a Lis Pendens to place the property into pre-foreclosure. This puts the burden on the borrower to remedy the past due payments during the grace period that is allowed. Clearing the past due payments will take the property from the pre-foreclosure process.
Sometimes the homeowner sells the distressed property during the grace period. The buyer provides the funds to pay off the mortgage. The homeowner doesn’t take any hits on the credit report but has lost property ownership and rights. In some instances, the owner is able to get a price for the home that will make it possible to get into a different, preferably less expensive, property.
The final, and least desirable from the standpoint of a homeowner, way in which the pre-foreclosure period may be ended is for the distressed property to be taken by a lender and prepared for sale. This sale is usually an auction type. When the bank or the lender takes possession, the affected property is called real-estate owned or REO property.
There are numerous steps that must occur prior to the actual sale. The lender has to publish the notice of sale in the local newspaper for at least four weeks prior to the date of sale. The newspaper has to be one that is commonly read in the area. The date of sale minus twenty days means that there must be a notice of sale posted at the location itself. The County Recorder must have a notice of sale filed there also within the 20 days preceding a sale.
In order to be a valid notice, the published information must include the date, time and location of a final sale. The street address, as well as the tax lot number and the legal description of property due for sale. Information on the Trustee and contact information and the name of the sale beneficiaries must be included. The final element required in the notice is the original principal balance.
Although the process for the Arizona foreclosure can take as little as ninety days, in practice it is usually around 120 days. Once the sale is complete, the buyer owns the sale property. The process can be shortened by the use of the judicial foreclosure process. Both the lender and the party in default go to court and the property is returned to the lender through a judgment.
We all know that we dread thought of foreclosure and it happening to your home. To obtain the right knowledge that could help you in , you need to look online. A lot of sites can help you.
