Behind on payments? Know your timeline and your options.
Most Arizona home loans can be foreclosed without a court case, so the timeline can move quickly once a notice is recorded. The earlier you look at your options, the more of them you have.
First conversation
Pressure to list
Your attorney
How foreclosure works in Arizona.
The notice of sale
Most Arizona home loans are secured by a deed of trust, which allows the home to be sold at a trustee’s sale without a court case. The sale cannot be held sooner than the 91st day after the notice of sale is recorded.
Source: A.R.S. § 33-808
Your right to reinstate
You can generally stop the sale by paying the past due amounts plus the fees and costs the law allows. That right lasts until 5:00 p.m. on the last business day before the sale date.
Source: A.R.S. § 33-813
After a trustee’s sale
For most homes on two and a half acres or less that are used as a single one family or two family dwelling, the lender cannot pursue the owner for the unpaid balance after a trustee’s sale. Exceptions apply, and second loans may be treated differently.
Source: A.R.S. § 33-814
Our role, stated clearly.
UrbanCiti Realty is a real estate brokerage. We are not a law firm and we do not give legal, tax, or credit advice. When we list your home, we represent you as the seller in the real estate transaction. If your property is part of a bankruptcy estate, the trustee may be our client instead, and we will tell you so in writing before any work begins.
If you have a bankruptcy attorney, we work alongside them and follow their direction on anything that touches your case. If you do not have one, we can share a list of independent attorneys. We do not receive referral fees from attorneys.
What you can do before the sale date.
| Option | What it means | Who to talk to |
|---|---|---|
| Reinstate | Pay the past due amount and allowed costs to bring the loan current. | Your loan servicer |
| Modify or pause | Ask about a loan modification, a repayment plan, or forbearance. | Your servicer or a HUD approved counselor |
| Sell with equity | If the home is worth more than what is owed, sell before the sale date and keep the difference. | UrbanCiti Realty |
| Short sale | If the home is worth less than what is owed, sell with the lender’s approval. | UrbanCiti Realty |
| Bankruptcy | A filing may pause a sale. It also has lasting legal and credit consequences. | A bankruptcy attorney |
Which option fits depends on your loan, your equity, and your timeline. We can talk through the real estate options at no cost, and we will point you to an attorney or a housing counselor for the rest.
Disclaimers
UrbanCiti Realty & Property Management is a licensed Arizona real estate brokerage. We are not a debt relief agency, debt service provider, or mortgage loan modification service. We do not provide legal or tax advice, and nothing on this page should be interpreted as such. While our licensed agents assist clients with the transactional mechanics of marketing and negotiating real estate short sales to facilitate a property transfer, we are not attorneys. Consult a licensed attorney or a certified public accountant regarding bankruptcy, foreclosure, tax liabilities, or deficiency questions.
Statutes referenced: A.R.S. § 33-808, § 33-813, and § 33-814.
HUD-approved housing counseling is available at no cost. Find a counselor through the U.S. Department of Housing and Urban Development at hud.gov/findacounselor.
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- We work alongside your attorney
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