Behind on payments · Arizona

Behind on the mortgage in Phoenix

This page is for the early months: one or more missed mortgage payments, back property taxes, or HOA dues, but no notice of trustee's sale yet. This is when you have the most options.

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Short answer

If you are behind but no notice of trustee's sale has been recorded, you still have time. Federal rules generally keep a mortgage servicer from starting foreclosure until the loan is more than 120 days past due, and Arizona then requires at least 90 more days before a sale. Use the time to talk to the servicer or a free housing counselor, and if keeping the house is not realistic, sell while you still have choices about price and timing.

What happens month by month

  • Day 16 or so: a late fee, per your loan documents.
  • By day 36: the servicer generally has to try to reach you by phone about options, and by day 45 it has to send a written notice describing them.
  • Day 120: the earliest point the servicer can usually start foreclosure.
  • Notice of trustee's sale recorded: the sale can happen 90 days later. See our foreclosure page for that stage.

Options while you still have time

  • Repayment plan or forbearance for a temporary setback.
  • Loan modification if the payment itself is no longer affordable. Send a complete application as early as possible.
  • A free HUD-approved housing counselor to review the options with you: CFPB counselor finder.
  • Selling, if the house has equity and keeping it does not add up. The past-due amount, late fees, and interest are paid from the sale at closing, along with the loan.
  • A short sale if you owe more than it is worth.

Behind on property taxes

Arizona property taxes are due in two halves: the first is delinquent after 5 p.m. on November 1, and the second after 5 p.m. on May 1 (ARS 42-18052). If they stay unpaid, the county treasurer sells a tax lien on the house to an investor at its annual sale. The lien earns interest, and if it is not redeemed, the lien holder can sue to foreclose the right to redeem starting three years after the sale (ARS 42-18201). Redeeming means paying the treasurer the lien amount plus interest and fees (ARS 42-18153). A sale pays all of it at closing.

Behind on HOA dues

An Arizona HOA has a lien for unpaid assessments, but it can foreclose only after the owner has been delinquent for 18 months or owes $10,000 or more, whichever comes first, and the board has to make reasonable efforts to offer a payment plan before filing (ARS 33-1807 for planned communities; ARS 33-1256 for condos). Late fees and collection costs add up quickly. In a sale, the HOA balance is paid from escrow.

How a payoff works when you are behind

At closing, the title company orders a payoff statement from your servicer. It includes the principal balance, unpaid interest, late fees, and any amounts the servicer advanced for taxes or insurance. Your proceeds are the sale price minus that payoff, any other liens, and closing costs. When we make an offer, we show you the estimated net so you can compare it with your other options.

When a cash sale is the wrong choice

If the problem is temporary and you want to stay, a repayment plan or modification is usually better. If the house is in good shape and you have a few months, listing it will often net more. A quick cash sale fits when the house needs work, the payment will not get easier, or the timeline is getting short.

General information for Arizona homeowners, not legal, tax, or financial advice. Huge Cash Offer is a home buyer, not a law firm, lender, or housing counselor. Laws and fees change; check the linked sources.

Questions

Straight answers.

I'm three months behind. Can I still sell?

Yes. You own the house until a trustee's sale. The past-due amount and fees come out of the sale proceeds.

How many missed payments before foreclosure starts?

Federal rules generally bar a servicer from starting foreclosure until the loan is more than 120 days delinquent. Then Arizona requires at least 90 days between the recorded notice and the sale.

How many years of unpaid property taxes before I lose my house in Arizona?

The tax lien holder can generally file to foreclose the right to redeem starting three years after the lien sale, so it is usually more than three years from the first unpaid tax, but interest and fees grow the whole time.

Can my HOA foreclose on my house?

Only after 18 months of delinquency or a balance of $10,000 or more, whichever comes first, and after the board offers a reasonable payment plan.

Will selling hurt my credit less than foreclosure?

Usually. A sale that pays the loan in full shows as paid; the late payments still appear, but a foreclosure is avoided.

Is there free help?

Yes. HUD-approved housing counselors review your options at no cost.

How it works

  1. Tell us about the house. About a minute, no obligation.
  2. Get a written offer. We walk the house once; offer usually within 24 hours.
  3. Close when it works for you. At a licensed title company, in as little as about 14 days.

Who you are dealing with

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