Foreclosure · Arizona

Sell before a Phoenix foreclosure sale

This page is for owners who already have a notice of trustee's sale and a date. If you are behind but have no sale date yet, start with our page on being behind on payments.

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Short answer

In Arizona, the sale date on your notice of trustee's sale is the deadline. The sale cannot happen sooner than 90 days after the notice is recorded. You can stop it by reinstating the loan until 5 p.m. on the last business day before the sale, or by selling and paying off the loan at closing before that date. A cash sale often closes in about two weeks, if the house has enough equity to cover the payoff.

Read your notice of trustee's sale

The notice is recorded with the county recorder, mailed to you, published in a newspaper for four weeks, and posted on the house at least 20 days before the sale (ARS 33-808). It lists the sale date, time, and place, and the trustee who is handling it. You can look it up on the Maricopa County Recorder or Pinal County Recorder site. That date is the one that counts, not a date someone tells you on the phone.

Your options, from the most time left to the least

  • Reinstate. Pay the past-due amount plus the lender's allowed costs and fees by 5 p.m. on the last business day before the sale (ARS 33-813). Ask the trustee for a written reinstatement quote.
  • Loss mitigation. Under federal rules, a complete loan modification application received more than 37 days before the sale generally has to be decided before the sale can go forward. Closer than that, the servicer is not required to wait.
  • Sell. If you owe less than the house is worth, a sale pays off the loan, fees, and other liens at closing, and you keep what is left.
  • Short sale or deed in lieu. If you owe more than it is worth. Both need the lender's approval, and approvals take time.
  • Bankruptcy. Filing pauses the sale. Talk with a bankruptcy attorney first; it is not a fix by itself.

How close to the sale date can I still sell?

A sale needs a signed contract, a payoff statement from the servicer, and title work. On a cash sale with clean title, that can happen in about two weeks; more time is always safer. If the sale date is very close, ask the servicer or trustee whether they will postpone for a pending sale. Some will, with a signed contract in hand, but none have to.

What happens after a trustee's sale?

The winning bidder pays by 5 p.m. the next business day and receives a trustee's deed (ARS 33-811). You no longer own the house. If you are still living there, the new owner can file a forcible detainer (eviction) action.

If the sale brings more than what was owed, the extra money, called excess proceeds, goes to junior lienholders and then to the former owner. The trustee may deposit it with the county treasurer and ask the superior court to decide who gets it (ARS 33-812). You can usually claim it yourself. Be careful with anyone who offers to "recover" it for a large cut.

Will I owe money after a foreclosure?

Arizona limits deficiency judgments after a trustee's sale in many cases involving a home of two and a half acres or less used as a one- or two-family dwelling (ARS 33-814). Whether that applies depends on the property and the loan, and second loans can be different. Ask an attorney.

When a cash sale is the wrong choice

If you can afford to reinstate and want to keep the house, do that. If you owe more than the house is worth, we probably cannot help, and a short sale, a loan modification, or a housing counselor is a better place to start. A HUD-approved counselor costs nothing: use the CFPB counselor finder.

How a sale to us works with a sale date

Tell us the sale date first. We order the payoff and title the same day we sign, and we schedule closing ahead of the sale with room to spare. The title company pays the lender directly, records the release, and pays you what is left. If the numbers do not work, we will tell you quickly so you can use the time for another option.

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.

How long do I have after a notice of trustee's sale in Arizona?

At least 90 days from when the notice was recorded. The exact date and time are on the notice.

Can I stop a trustee's sale?

Yes, by reinstating before 5 p.m. on the last business day before the sale, by paying off the loan through a sale or refinance, or, in some cases, through a pending loan modification or bankruptcy.

Can I sell my house after the foreclosure notice?

Yes. You own it until the trustee's sale, and a closing before that date pays off the loan.

Do I get money if my house sells at auction?

Only if the sale brings more than what was owed and junior liens are paid. Then the former owner can claim the excess proceeds through the trustee or the superior court.

Will a foreclosure stay on my credit?

A foreclosure typically stays on a credit report for seven years. A sale that pays the loan in full avoids it.

What if I have a second mortgage or HELOC?

It has to be paid too. In a sale it comes out of the proceeds; if there is not enough, the second lender has to agree to a short payoff.

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.

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