Foreclosure in Arizona: your timeline, rights, and how to stop it
Arizona uses a both (judicial & non-judicial) foreclosure process. Below is the typical timeline, the notices you should get, your cure and reinstatement options, and whether a lender can come after you for a shortfall — with every figure tied to a source. None of this is legal advice; confirm your own case with a HUD-approved counselor or a Arizona attorney.
How fast foreclosure moves in Arizona
Method: Both (judicial & non-judicial). Non-judicial foreclosure (trustee's sale under deed of trust) is the most common method for residential mortgages in Arizona, governed by A.R.S. §§ 33-801 to 33-821. Judicial foreclosure (under A.R.S. §§ 33-721 to 33-730) is used when the loan is secured by a mortgage rather than a deed of trust, or when the deed of trust lacks a power-of-sale clause. Most residential loans use deeds of trust and proceed via non-judicial foreclosure.
Typical state-process time to sale: roughly 91–210 days once foreclosure starts. Non-judicial foreclosure: minimum 91 days from recording of notice of trustee's sale to sale date (A.R.S. § 33-808). Total typical timeline is 210+ days (7-8 months) when including 120-day federal pre-foreclosure delinquency period. Judicial foreclosure: 9 months to 1+ year depending on court scheduling and whether borrower contests the action.
Before any of this: Under Reg X (12 CFR 1024.41(f)), a servicer generally cannot make the first foreclosure filing until the borrower is more than 120 days delinquent. This applies in every state, on top of the state process below.
Cure, reinstate, redeem
Right to cure: Yes (1 days). In non-judicial foreclosure: borrower may cure the default by paying all amounts then due (excluding unpaid principal not yet due), plus trustee fees and costs, until 5:00 p.m. Mountain Standard Time on the last business day before the scheduled sale date (A.R.S. § 33-813). Upon reinstatement, the notice of sale is cancelled and the loan continues on original terms. No specific statutory right to cure is clearly defined for judicial foreclosures in the available sources.
Reinstatement: Yes (1 days). Available in non-judicial foreclosure until 5:00 p.m. Mountain Standard Time on the last business day before the sale (A.R.S. § 33-813). Reinstatement requires payment of all amounts then due, trustee fees (capped at $600 or 0.5% of unpaid principal, whichever is greater), and other applicable costs. Reinstatement stops the foreclosure and the loan continues on original terms. Not clearly defined for judicial foreclosures.
Post-sale redemption: No. No redemption right after non-judicial foreclosure (trustee's sale). After judicial foreclosure, borrower has a statutory right to redeem the property within six months from the date of sale (A.R.S. § 12-1281), unless the property is deemed abandoned by the court, in which case the redemption period may be reduced to 30 days. Redemption requires payment of all outstanding loan amounts, fees, costs, and interest.
Can a lender still come after you? (deficiency)
Deficiency judgment: Allowed, but limited in Arizona. Anti-deficiency protection applies: (1) For non-judicial foreclosures (A.R.S. § 33-814): No deficiency judgment if property is 2.5 acres or less, used for single one- or two-family dwelling. Exception: builders/construction businesses and substantially incomplete dwellings (post-2014 deeds of trust). (2) For judicial foreclosures on purchase-money mortgages (A.R.S. § 33-729): No deficiency judgment if property is 2.5 acres or less used for single one- or two-family dwelling; judgment cannot extend to other debtor property or enforce general execution. Exception for voluntary waste: if sale price depressed by voluntary waste, court may allow limited deficiency lien. (3) Deficiency amount = total debt minus the greater of fair market value or sale price; includes interest, costs, and disbursements.
Deadline: Non-judicial: deficiency action must be filed within 90 days after the date of sale (A.R.S. § 33-814). If not filed within 90 days, sale proceeds are deemed full satisfaction of the debt. Judicial: deficiency actions follow standard civil procedure timelines.
This is condition-specific (a primary residence or a purchase-money loan can change the answer). Confirm with a Arizona attorney before assuming you are or aren't on the hook.
What you should receive — and where to get help
Notices: Non-judicial foreclosure requires: (1) Notice of trustee's sale recorded in county recorder's office (A.R.S. § 33-808). (2) Sale date cannot occur sooner than 91 days after recording. (3) Mailed notice to trustor, beneficiary, and junior lienholders within 5 business days of recording (A.R.S. § 33-809). (4) Publication in newspaper of general circulation at least once per week for 4 consecutive weeks, with final publication at least 10 days before sale. (5) Posted on property at least 20 days before sale in conspicuous place (if no breach of peace). (6) Posted in courthouse. Content must include property address/legal description, tax parcel number, original principal balance, names/addresses of beneficiary and trustee, and warning about filing court objections. Breach letters are not statutorily mandated but may be required by loan documents.
Mediation: Available. Mediation is available but not statutorily mandatory before foreclosure. Programs include: (1) United States Bankruptcy Court for District of Arizona Mortgage Modification Mediation Program (available in certain bankruptcy cases). (2) Arizona Department of Housing's Save Our Home AZ (SOHAZ) program offers loss-mitigation assistance including principal reduction, monthly mortgage subsidy, and second lien elimination for qualified homeowners. (3) Arizona Foreclosure Helpline (1-877-448-1211) provides free counseling and loss-mitigation options. (4) HUD-approved housing counseling agencies offer free mediation and modification assistance. Federal Regulation 12 C.F.R. § 1024.41 requires servicers to evaluate complete loss-mitigation applications during the first 120 days of delinquency.
How we verified this Arizona page
- Arizona Revised Statutes § 33-808 (Notice of Trustee's Sale) — source
- Arizona Revised Statutes § 33-813 (Reinstatement Rights) — source
- Arizona Revised Statutes § 33-814 (Deficiency Judgments and Anti-Deficiency Protection) — source
- Arizona Revised Statutes § 33-729 (Purchase Money Mortgage Anti-Deficiency) — source
- Arizona Revised Statutes § 33-721 (Judicial Foreclosure of Mortgages) — source
- Nolo: Foreclosure Process and Laws in Arizona — source
- Arizona Department of Housing - Foreclosure Helpline — source
- United States Bankruptcy Court for District of Arizona - Mortgage Modification Mediation — source
- Perez Law Group - Arizona Anti-Deficiency Statute Guide — source
- Arizona Attorney General - Foreclosure Information Workbook — source
Last reviewed 2026-06-08 by Shirley Chia. Foreclosure law changes; we re-check each state on a schedule. This page is general information, not legal advice for your situation — confirm with a HUD-approved housing counselor (free) or a licensed Arizona attorney.