Facing foreclosure in Phoenix? Arizona is commonly a non-judicial foreclosure state under ARS Title 33 — the trustee conducts the sale outside of court under the power of sale clause in the deed of trust. The Notice of Default is recorded with the Maricopa County Recorder and triggers a statutory reinstatement period under ARS § 33-813. To halt a trustee sale, a homeowner generally must file a separate civil lawsuit in Maricopa County Superior Court and obtain appropriate court-ordered relief before the sale date. We prepare civil complaints, TRO applications, and all Maricopa County–ready documents for Phoenix homeowners representing themselves pro se.
Maricopa Superior Court
Civil lawsuits & emergency relief
ARS § 33-813 Reinstatement
Statutory period after NOD recording
Maricopa County Recorder
NOD & NTS recording & research
Pro Se Document Prep
Maricopa County–ready filings
Arizona residential foreclosures are commonly non-judicial. The trustee conducts the sale outside of court under the power of sale clause in the deed of trust, governed by ARS Title 33. The Notice of Default is recorded with the Maricopa County Recorder and triggers a statutory reinstatement period under ARS § 33-813. There is no court case to respond to in a non-judicial foreclosure — a homeowner seeking to challenge or halt the trustee sale generally must file a separate civil lawsuit in Maricopa County Superior Court. Arizona generally does not provide a post-sale statutory right of redemption for non-judicial foreclosures, which makes pre-sale action important. Understanding the specific notices recorded and their timing may help determine available options. Homeowners should consult with a qualified Arizona attorney for case-specific guidance.
Notice of Default — Maricopa County Recorder
The Notice of Default is recorded with the Maricopa County Recorder under ARS Title 33. The borrower generally has a statutory reinstatement period under ARS § 33-813 to cure the default. Defects in the notice may support a legal challenge. The specific reinstatement period depends on the loan terms and circumstances.
Notice of Trustee Sale — Maricopa County Recorder
After the reinstatement period expires, the trustee records a Notice of Trustee Sale with the Maricopa County Recorder. The NTS must be recorded, posted, published, and mailed as required by Arizona law. This is the window during which a Phoenix homeowner may file a separate civil lawsuit seeking emergency relief in Maricopa County Superior Court. The specific timeline varies depending on when each notice was recorded and the notice periods required by law.
Trustee Sale / Auction
If not halted, the trustee holds the sale at the designated time and place. Arizona generally does not provide a post-sale statutory right of redemption for non-judicial foreclosures. A homeowner seeking to stop the sale must generally file a separate civil lawsuit and obtain a temporary restraining order or preliminary injunction from Maricopa County Superior Court BEFORE the scheduled sale date. Courts grant such relief based on case-specific factors.
Critical: In a non-judicial foreclosure, the lender does not file a court case. Homeowners seeking to halt the sale generally must file a separate civil lawsuit and obtain court-ordered relief in Maricopa County Superior Court BEFORE the trustee sale date. Filing alone does not automatically stop the sale. Consult a qualified Arizona attorney to evaluate options.
Whether you have received a Notice of Default recorded with the Maricopa County Recorder or a Notice of Trustee Sale — Arizona generally does not provide a post-sale right of redemption for non-judicial foreclosures, making pre-sale action important. Free consultation. No obligation.