Arizona
Arizona Revised Statutes § 33-807. Non-Judicial foreclosure state.
Judicial Type
Non-Judicial
Redemption
No statutory right of redemption after non-judicial foreclos
Deficiency
Lender may NOT pursue deficiency after non-judicial foreclos
Mediation
No mandatory statewide program, but some counties offer volu
Statute Citation
Ariz. Rev. Stat. §§ 33-801 to 33-821
Redemption Period
No statutory right of redemption after non-judicial foreclosure. For judicial foreclosure: 6 months if property is not abandoned (Ariz. Rev. Stat. § 12-1282).
Deficiency Judgment Rule
Lender may NOT pursue deficiency after non-judicial foreclosure on residential property of 2.5 acres or less that is limited to and utilized as a single-family or two-family dwelling (Ariz. Rev. Stat. § 33-814(G)). This is one of the strongest anti-deficiency protections in the nation.
Notice Requirements
Notice of trustee sale must be mailed to borrower within 5 days of recording, recorded, posted on the property at least 20 days before sale, and published in newspaper for 4 consecutive weeks. Notice must include the date, time, and place of sale.
Mediation Program
No mandatory statewide program, but some counties offer voluntary foreclosure mediation.
Key Provisions
- Deed of trust with power of sale required for non-judicial foreclosure
- Trustee sale must occur between 9 AM and 5 PM at designated location
- Borrower may reinstate by paying all delinquent amounts up to the date of sale
- Sale is final — no statutory redemption after non-judicial trustee sale
- Anti-deficiency statute is broad: covers most single-family and two-family owner-occupied dwellings under 2.5 acres
- Trustee must be a member of the State Bar of Arizona, a licensed title insurer/agent, or specified financial institution
Homeowner Protections
- No deficiency judgment after non-judicial foreclosure of a qualifying residential property — arguably the strongest protection in the nation
- Trustee must be qualified (attorney, title agent, etc.) — reduces robo-signing risk
- Reinstatement right up to sale date
- Anti-deficiency protection applies even if the loan is recourse debt — the non-judicial statute bars deficiency entirely for qualifying properties
Frequently Asked Questions
Can the lender sue me for a deficiency after foreclosure in Arizona?+
How fast can a non-judicial foreclosure happen in Arizona?+
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