My Home Was Foreclosed On in Arizona — How Long Do I Have to Move Out?

My Home Was Foreclosed On in Arizona — How Long Do I Have to Move Out?

If your Arizona home has gone through a foreclosure or Trustee’s Sale, one of the first questions you may have is:

“How long do I have before I have to leave my home?”

There is a lot of misinformation about this subject. Some people believe they automatically have 30, 60, or even 90 days after the foreclosure sale.

For a former homeowner in Arizona, that generally is not the case.

What Happens After an Arizona Trustee’s Sale?

Most residential foreclosures in Arizona are handled through a Trustee’s Sale, which is a non-judicial foreclosure process.

Once the Trustee’s Sale is completed and the property is purchased, the successful purchaser becomes entitled to possession of the property.

That doesn't necessarily mean someone is going to show up immediately after the auction and physically remove you from the home. However, it also does not mean that the former homeowner automatically receives a specific 30-, 60-, or 90-day period to continue living there.

What If the Former Homeowner Doesn't Leave?

If the former homeowner remains in the property, the new owner can make a written demand for possession.

If possession is not surrendered, the purchaser can pursue a forcible detainer action through the Arizona court system.

Arizona law provides for this process under A.R.S. § 12-1173.01.

This is important because the new owner generally cannot simply decide to physically remove the occupant and their belongings without following the appropriate legal process.

Do I Automatically Have Five Days?

This is another area where there can be confusion.

People sometimes assume there is an automatic five-day waiting period after a Trustee’s Sale before the purchaser can begin a forcible detainer action.

However, Arizona case law has addressed this issue, and the applicable statute does not necessarily provide a former homeowner with an automatic five-day grace period following the written demand for possession.

The important point is simple:

Don't assume you have a certain number of days after the foreclosure sale.

Every day can matter.

What About Someone Who Is Renting the Property?

This can be a very different situation.

A bona fide tenant living in a property that has been foreclosed upon may have additional protections under federal and state law. Depending upon the circumstances, those protections can include notice requirements that are different from those applying to the former homeowner.

Therefore, a tenant should not automatically assume that the rules applying to the former owner also apply to them.

The Best Time to Address Foreclosure Is BEFORE the Trustee’s Sale

This is the message I want Arizona homeowners to understand more than anything else.

Please don't wait until the Trustee’s Sale has already happened before asking for help.

If you've received a Notice of Trustee’s Sale, there may still be options worth investigating.

Depending upon your individual circumstances, those possibilities could include:

• Selling the property before the Trustee’s Sale

• Paying off or reinstating the loan

• Working with your lender on possible loss-mitigation options

• Pursuing a short sale when the property is worth less than what is owed

• Speaking with an Arizona attorney or housing professional about other alternatives

Not every option works for every homeowner, and there are deadlines involved. The sooner you begin investigating your situation, the more time you may have to make an informed decision.

Don't Ignore a Notice of Trustee’s Sale

Receiving foreclosure paperwork can be overwhelming, and ignoring it won't make the problem disappear.

As a Realtor, I'm not an attorney and I don't provide legal advice. What I can do is help you understand your real estate options, evaluate the potential market value of your property, and determine whether selling the home—including potentially pursuing a short sale—might be an option before the Trustee’s Sale occurs.

If you're facing foreclosure in Tucson, Oro Valley, Marana, Catalina, or elsewhere in Southern Arizona, contact me as early in the process as possible.

The earlier we talk, the more options we may have to explore.

Wes Stolsek

REALTOR®

OMNI Homes International

520-404-9773

www.wesleystolsek.com

This article is provided for general informational purposes and is not legal advice. Foreclosure and eviction situations can involve specific legal deadlines and individual circumstances. Homeowners and tenants should consult a qualified Arizona attorney regarding their legal rights and obligations.