Foreclosures and Forfeitures
In Arizona, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process. We are very knowledgeable with the foreclosure process. We are also knowledgeable with the forfeiture of Agreements for Sale (“Contracts for Deed”).
Our attorneys work closely with title companies to ensure that at the end of the foreclosure or forfeiture process there is clear title so that the property can be immediately sold or refinanced.
Frequently Asked Questions about Foreclosures and Forfeitures
- Refinancing
- Selling the home with reduced payments until sale
- Reduced repayment plans
- Modification of mortgage
- Short-sale (where the bank accepts sale for less than the amount of the loan)
- Deed in lieu, i.e., banks get deed in lieu of doing a foreclosure
- Bankruptcy by the homeowner
Arizona law always provides for mortgages, and since 1971 Arizona law also provides for deeds of trust. Most mortgage lenders, however, prefer deeds of trust for several reasons.
- A mortgage can only be foreclosed judicially by court proceedings, i.e., court -ordered foreclosure sale, while a deed of trust can be foreclosed either by a judicial foreclosure sale, or, most frequently, by a trustee’s sale (typically at the courthouse steps or at a title company office). Mortgage lenders save significant time and expense by a trustee’s sale.
- After a foreclosure by trustee’s sale the buyer can sell the property immediately. After a judicial foreclosure, however, the borrower has the right of redemption, i.e., the right to buy the property back from the buyer, usually within six months.
After the foreclosure of a home a 2009 federal law generally allows the tenant to stay in the home until the term of the lease expires. The tenant, however, is not required to stay in the home after foreclosure.
Yes. A.R.S. §33-1807 provides that an HOA may foreclose on a lien in the same manner as a foreclosure of a mortgage if the homeowner has not paid the dues for one year or owes more than $1,200.00.
No. A lender is generally only authorized to garnish a debtor’s wages or bank accounts after getting a judgment. In other words, the HELOC lender must first sue the homeowner for breach of contract and be awarded a judgment before they can take action to collect on the debt.
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Chelsea and Holly, I wanted to take a moment and thank both of you again for your incredible work. Chelsea, you are a rock star! Holly, you are also a rock star in my book. I couldn't be more proud to have you represent us. Your craft was awesome to watch and I can't express how grateful I am for what you have done. A jury trial can go either way. However, your presentation skills were truly mesmerizing. You had the jury in your hand from your brilliant opening all the way through to your outstanding closing statement. You had a plan and executed it like a boss. Absolutely amazing! Thank you!
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Phone: (602) 957-9810
Fax: (602) 955-4712
Email: info@combslawgroup.com
Address:
2200 East Camelback Rd.
Suite 221
Phoenix, AZ 85016
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