In Arizona Real Estate, what is a Sheriffs deed?

A Sheriff's Deed in Arizona real estate refers to a deed that is issued to the purchaser of a property that has been sold at a sheriff's sale, typically as the result of a foreclosure or the enforcement of a court judgment. Here’s what you should know:

Sheriff's Deed — Key Points

• A Sheriff's Deed conveys ownership of property that was sold at a public auction (sheriff's sale), usually due to foreclosure for unpaid mortgage debt, unpaid property taxes, or to satisfy a court judgment.

• The sheriff, as a public official, executes the deed to transfer title from the previous owner (who lost the property due to default or legal action) to the new owner (the highest bidder at the auction).

• The deed generally gives the new owner whatever interest the previous owner had in the property, subject to any liens, encumbrances, or other claims that were not cleared by the sale.

• Sheriff's Deeds do not provide warranties about the property's title. Buyers typically purchase the property "as is," and it's critical to perform thorough due diligence before bidding.

• After the sale and issuance of the deed, the new owner must record the Sheriff's Deed with the county recorder to perfect their ownership.

Why It Matters in Arizona Real Estate

• Sheriff's Deeds are most often encountered in the context of judicial foreclosures (less common than trustee's sales in Arizona, but still possible for certain types of liens and judgments).

• The process and rights of redemption (the previous owner's ability to reclaim the property) and the timeline for when the deed is issued can vary depending on the specific circumstances of the sale—such as whether the foreclosure was on a mortgage, tax lien, or other judgment.

Summary

• A Sheriff's Deed is a legal instrument conveying property ownership to a buyer after a sheriff's (public) auction, most often resulting from foreclosure or court-ordered sales. The new owner takes title with no warranty, and the deed should be recorded in county records for validity.