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Arizona

Arizona Revised Statutes § 33-807. Non-Judicial foreclosure state.

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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?+
For qualifying residential properties (single-family or two-family dwelling on 2.5 acres or less, utilized as such), the lender CANNOT pursue a deficiency judgment after a non-judicial trustee sale. This is absolute — the anti-deficiency statute under Ariz. Rev. Stat. § 33-814(G) is one of the strongest in the country. However, this protection only applies if: (1) the property was 2.5 acres or less, (2) it was limited to and utilized as a single-family or two-family dwelling, and (3) the foreclosure was non-judicial (trustee sale). If the lender forecloses judicially, deficiency may still be available.
How fast can a non-judicial foreclosure happen in Arizona?+
The typical timeline is 90-120 days. After recording the notice of sale, the trustee must wait at least 90 days before sale. Notice must be published for 4 consecutive weeks and posted on the property 20 days before sale. The sale is by public auction. You have the right to reinstate (cure default) by paying all delinquent amounts plus costs up to the actual time of sale — not just up to some earlier cutoff.
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