Some Facts About The Arizona Foreclosure Process
The Arizona foreclosure process is similar to many other states in that it is a trust deed state. This type of deed means that the holder of the loan has right to force sale of a property on which the borrower has defaulted. A foreclosure is the process by which a lender takes back possession of a property where the borrower fails to make payments on time.
A Deed of Trust means that the mortgage is a lien against the property until the amount of any mortgage is completely paid. The law in Arizona allows for a property to be foreclosed through a judicial process. However, in practice, most foreclosures occur through a non-judicial process. A Power of Sale provision in a Trust Deed allows for the alternative form of foreclosure.
When there is a pending default, the lender first files a court document known as a Lis Pendens, or Notice of Default. The ending of this foreclosure process might be for the borrower to take care of any amount owing. This put the borrower back into compliance with original loan provisions. There is a grace period allowed by the law’s mandates.
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 way in which the pre-closure period ends is for the lender to take the property back under a Power of Sale. This process makes the property a bank-owned or REO property. The usual procedure is for the foreclosed property to be sold to pay for the loan or loss on the property. An auction sale is the normal route.
Once it is time to begin the auction sale, there are several actions that must take place. The lender first publishes a newspaper notice in a local paper that is known in the community. It must be published each week for the four weeks preceding the sale. The notice of sale must be posted at the property that is being sold within twenty days of sale date. The notice of sale must also be posted with the County Recorder in the 20 days preceding the sale date.
The components in the published notice include where and when the auction sale will be held. The street address of the property and its legal description must be in the notice. The name of the trustee and how he can be contacted is necessary. The principal balance at the time of origin is included. Finally, the beneficiary of the sale must appear.
The usual time requirement to accomplish an Arizona foreclosure is four months, although a rushed process can happen in as little as 90 days. The completion of the sale means that a new buyer owns the house. Some lenders and original buyers elect to shorten the process by going to court and agreeing to a judicial foreclosure.
We all know that we dread thought of foreclosure and it happening to your home. To receive the best information that could help you in az foreclosures, you need to look online. Many Arizona foreclosure sites can help you.
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