Arizona uses non-judicial foreclosure with a 90-day NOD waiting period before the trustee sale. You do not file an Answer — you file a civil lawsuit in Arizona Superior Court to stop the sale.
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Arizona uses non-judicial foreclosure under A.R.S. § 33-807. The trustee must record a Notice of Default, wait 90 days, then record a Notice of Sale. You must file a civil lawsuit to stop the process.
90-Day NOD Waiting Period
After the NOD is recorded, there is a mandatory 90-day period before the NTS can be recorded. Use this time to prepare and file your lawsuit.
File in Superior Court + Seek TRO If Needed
File a civil complaint in the Superior Court of the county of the property. Claims: wrongful foreclosure, lack of standing, TILA/RESPA violations. If sale is imminent, seek a TRO.
| Type | Non-Judicial (A.R.S. § 33-807) |
| NOD Period | 90 days minimum |
| NTS Period | At least 20 days before sale |
| Court | AZ Superior Court |
| Filing Fee | $250-$450 |
Arizona's non-judicial process gives you a 90-day window after the Notice of Default. Here's how to use that time effectively.
In Arizona, the trustee records a Notice of Default (NOD) with the county recorder. Confirm the NOD details: the property, the amount claimed in default, and the trustee's contact. Gather your mortgage documents, payment records, and any correspondence with your lender.
Arizona law requires a 90-day waiting period after the NOD before a Notice of Sale (NTS) can be recorded. This window is your best opportunity to negotiate with the lender, apply for a loan modification, and prepare legal action.
Because Arizona is non-judicial, there is no "Answer" to file — instead you file a civil complaint in the Superior Court in the county of the property (filing fee ~$250–$450). This is where you raise claims like wrongful foreclosure, lack of standing, and TILA/RESPA violations.
If the trustee sale is close and the process is improper, you may need an emergency TRO or preliminary injunction to pause the sale while the court considers your case. Acting early gives you more room to pursue this remedy.
Loan modification, forbearance, short sale, or deed in lieu can stop the foreclosure if negotiated in time. The 90-day window is ideal for these discussions, especially once you've initiated legal action to protect your position.
Since Arizona foreclosures are non-judicial, you challenge them through a separate civil lawsuit. These are the claims commonly raised.
The foreclosing party must hold the note and be authorized under A.R.S. § 33-807. Defective assignments, securitization gaps, and missing endorsements can invalidate the trustee's authority.
If the trustee or lender pursued foreclosure in violation of the loan documents, the statute, or the Consumer Protection Act, you may have a claim for wrongful foreclosure.
Arizona imposes strict requirements for recording the NOD, waiting 90 days, recording the NTS, and providing notice. Deviations from A.R.S. § 33-807 can void the sale.
Deceptive or unfair practices by mortgage servicers, including false representations during loss mitigation, may support claims under the Arizona Consumer Fraud Act with potential for damages.
Failure to properly process loss mitigation applications, respond to qualified written requests, or comply with federal disclosure rules can support claims under TILA and RESPA.
If your payments weren't properly applied or the lender added improper fees or force-placed insurance, you can challenge the default amount in your lawsuit.
Not sure which claim applies to your situation?
Get a Free Case ReviewKnow where you are in the timeline and what options are available at each stage.
The trustee records the NOD, officially starting the 90-day timeline. Review it carefully and begin gathering your documents.
Use this period to negotiate a loan modification, apply for loss mitigation, and prepare your civil lawsuit. This is your best chance to act before the sale process moves forward.
The trustee records the NTS, setting the sale date at least 20+ days out. If you haven't filed your lawsuit yet, time is running short.
If no lawsuit stops the sale, the property is sold at auction to the highest bidder. Stop the sale before this point to preserve your options.
Many Arizona homeowners successfully modify their loans. Other options include forbearance, short sale, and deed in lieu — all best pursued within the 90-day window.
Explore Your OptionsYour civil lawsuit must be filed before the trustee sale to stop it. An Arizona foreclosure defense attorney can help you meet critical deadlines.
File Your LawsuitMany homeowners don't realize the NOD has been recorded. Ignoring it lets the 90-day clock run out, and the sale moves forward without your input.
Once the NTS is recorded and the sale is set, your options shrink dramatically. Use the 90-day window to file your lawsuit and negotiate.
Arizona is non-judicial — you don't file an Answer. You must file a separate civil lawsuit in Superior Court to stop the sale, which many homeowners don't know.
AZ foreclosure is procedural and fast. Missing a filing deadline or seeking a TRO incorrectly can cost you your home.