Arizona Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession

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Multi-State
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US-01018BG
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Description

Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

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  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession

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FAQ

Does Arizona Law Allow a Redemption Period After a Foreclosure? In short, yes. Arizona law allows the borrower a set amount of time after the foreclosure sale to redeem the property if the property foreclosure occurred through the judicial system and the borrower did not abandon the property before the foreclosure.

Does Arizona Law Allow a Redemption Period After a Foreclosure? In short, yes. Arizona law allows the borrower a set amount of time after the foreclosure sale to redeem the property if the property foreclosure occurred through the judicial system and the borrower did not abandon the property before the foreclosure.

Foreclosure Eliminates Liens, Not Debt Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title.

Non-judicial foreclosures are the most commonly used form of foreclosure in Arizona, and are governed by Chapter 6.1 of Title 33 of the Arizona Revised Statutes (A.R.S. §§ 33-801 to 33-821). by court order after a judgment in a lawsuit (A.R.S. § 33-721 and see Judicial Foreclosure).

In Arizona, most foreclosures proceed via a non-judicial process governed by a deed of trust executed and recorded at the time of purchase. By electing this procedure, the lender may proceed with a trustee's sale without having to file an action in court.

Type of Foreclosure in Arizona The lender sends the borrower a notice to cure default letter, which gives the borrower a set number of days to pay the past due balance and make the mortgage current. If the borrower cannot comply, then the lender can go to court and seek a foreclosure summary.

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Arizona Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession