When The House Is Foreclosed
A.R.S. 33-808 — a trustee's sale no sooner than the ninety-first day after the notice is recorded
In Arizona, a home under a deed of trust is usually sold by the trustee rather than through a lawsuit, after a recorded notice of sale. The sale date can be no sooner than the ninety-first day after the date that the notice of sale was recorded.
Reinstating up to the last business day. Before 5:00 p.m. mountain standard time on the last day other than a Saturday or legal holiday before the sale, the borrower may reinstate by paying the amount then due, other than principal that would not be due had no default occurred, curing the other defaults, and paying the costs the section allows.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe house can be sold a few weeks after the notice | What the law actually doesNo sooner than the ninety-first day after the notice of sale is recorded |
| The assumptionOnce the notice is out, the whole loan has to be paid | What the law actually doesReinstatement pays what is due without the accelerated principal, plus costs |
| The assumptionReinstating is possible until the auction itself | What the law actually doesUntil 5:00 p.m. on the last business day before the sale |
Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed Arizona attorney.
Sources for this section (2)
- A.R.S. 33-808 — Notice of trustee's sale
- A.R.S. 33-813 — Default in performance of contract secured; reinstatement; cancellation of recorded notice of sale
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.