How to Stop a Foreclosure in Arizona
Reviewed by DocDraft Legal Team · Arizona · Last updated 2026-08-31
Foreclosure is the legal process a lender uses to take and sell your home after you fall behind on the mortgage, and stopping it means curing the default before the sale is held. In Arizona, most residential foreclosures are non-judicial trustee's sales under a deed of trust (A.R.S. § 33-807); judicial foreclosure is also permitted at the beneficiary's option. The trustee records a notice of sale, and the sale may be held no sooner than the 91st day after that notice is recorded (A.R.S. § 33-808(C)(1) and § 33-807(D)). A borrower may reinstate the loan and stop the sale by paying the entire amount then due and curing all other defaults up until 5:00 p.m. Mountain Standard Time on the last business day before the sale (A.R.S. § 33-813(A)). There is no post-sale right of redemption after a trustee's sale (A.R.S. § 33-811(E)). Arizona's anti-deficiency statute bars any deficiency after a trustee's sale of qualifying residential property of 2.5 acres or less used for a single one-family or two-family dwelling (A.R.S. § 33-814(G)).
Find out where you stand in Arizona
Where are you in the foreclosure process?
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How do I stop a foreclosure in Arizona?
In Arizona, most foreclosures are non-judicial trustee's sales under a deed of trust (A.R.S. § 33-807). You can stop the sale by reinstating the loan, paying the entire amount then due and curing other defaults, up until 5:00 p.m. on the last business day before the sale (A.R.S. § 33-813(A)), or by pursuing loss mitigation.
What is the foreclosure timeline in Arizona?
An Arizona trustee's sale runs on the recorded notice of sale. Under A.R.S. § 33-808(C)(1) and § 33-807(D), the sale may be held no sooner than the 91st day after the notice of sale is recorded. The trustee's power of sale cannot be exercised before that 91st day, giving the borrower a defined window to act.
Can I reinstate my mortgage to stop foreclosure in Arizona?
Yes. Under A.R.S. § 33-813(A), an Arizona borrower may reinstate by paying the entire amount then due and curing all other defaults up until 5:00 p.m. Mountain Standard Time on the last day, other than a Saturday or legal holiday, before the sale date. Reinstating cures the default and stops the trustee's sale.
Can the lender pursue me for the balance after foreclosure in Arizona?
Often no. Under A.R.S. § 33-814(G), no deficiency action lies after a trustee's sale of property of 2.5 acres or less used for a single one-family or two-family dwelling. For non-exempt property, a deficiency action must be brought within 90 days of the sale under A.R.S. § 33-814(A).
Arizona foreclosure law at a glance
Arizona foreclosure is governed by the deed of trust statutes in Title 33. Most residential foreclosures are non-judicial trustee's sales under A.R.S. § 33-807; judicial foreclosure is also available at the beneficiary's option. The trustee records a notice of sale, and the sale may be held no sooner than the 91st day after the notice is recorded (A.R.S. § 33-808(C)(1) and § 33-807(D)). The borrower has a strong reinstatement right: paying the entire amount then due and curing all other defaults up until 5:00 p.m. Mountain Standard Time on the last business day before the sale stops it (A.R.S. § 33-813(A)). There is no post-sale redemption after a trustee's sale (A.R.S. § 33-811(E)). Arizona's anti-deficiency protection bars any deficiency after a trustee's sale of qualifying residential property of 2.5 acres or less used for a single one-family or two-family dwelling (A.R.S. § 33-814(G)).
Reinstating an Arizona trustee's sale before the deadline
Suppose you fall behind on your Arizona mortgage and the trustee records a notice of sale. Under A.R.S. § 33-808(C)(1) and § 33-807(D), the sale cannot be held before the 91st day after the notice is recorded, giving you a defined window to act. During that time you can reinstate under A.R.S. § 33-813(A) by paying the entire amount then due and curing all other defaults, up until 5:00 p.m. Mountain Standard Time on the last business day before the sale. Reinstating stops the sale. You could also apply for a loan modification or work with a HUD-approved counselor. Because there is no post-sale redemption after a trustee's sale (A.R.S. § 33-811(E)), meeting that deadline is critical. If your home is 2.5 acres or less and used as a dwelling, § 33-814(G) generally bars any deficiency. Attorney review of your paperwork is available through DocDraft.
Court Resources
Find a HUD-Approved Housing Counselor (CFPB)
Free tool to locate HUD-approved housing counseling agencies that help Arizona homeowners with loss mitigation, loan modification, and lender negotiations at no cost.
Arizona Department of Housing
State housing agency offering homeownership programs and resources for Arizona homeowners facing hardship, delinquency, or foreclosure.
Arizona Judicial Branch Self-Service Center
Official self-help resources of the Arizona courts, useful if your lender elects to foreclose judicially rather than through a trustee's sale.
AZLawHelp.org
Statewide directory of free and low-cost legal aid for income-qualified Arizona residents, including housing and foreclosure matters.
Relevant Laws
A.R.S. § 33-807 (Sale of trust property; power of sale)
Confers the power of sale on the trustee of a deed of trust, Arizona's predominant non-judicial process, and permits judicial foreclosure at the beneficiary's option. The power of sale may not be exercised before the 91st day after the notice of sale is recorded.
A.R.S. § 33-808 (Notice of trustee's sale; timing)
Requires the trustee to record and give a notice of sale and sets the sale date no sooner than the 91st day after the notice of sale is recorded.
A.R.S. § 33-813 (Reinstatement before the trustee's sale)
Lets the trustor reinstate by paying the entire amount then due and curing all other defaults up until 5:00 p.m. Mountain Standard Time on the last day, other than a Saturday or legal holiday, before the sale date.
A.R.S. § 33-811 (Trustee's deed; no redemption)
Provides that a trustee's-sale conveyance is absolute and without right of redemption, clear of all subordinate liens, claims, and interests.
A.R.S. § 33-814 (Deficiency after a trustee's sale; anti-deficiency)
Bars any deficiency after a trustee's sale of property of 2.5 acres or less used for a single one-family or two-family dwelling, and requires a deficiency action on non-exempt property to be brought within 90 days of the sale.
Regional Variances
Arizona foreclosure rules vs national norms
Process type
Predominantly non-judicial trustee's sales under a deed of trust (A.R.S. § 33-807). Judicial foreclosure is permitted at the beneficiary's option but is less common for residential mortgages.
Notice timeline
The trustee records a notice of sale, and the sale may be held no sooner than the 91st day after that notice is recorded (A.R.S. § 33-808(C)(1) and § 33-807(D)). This fixed 91-day floor sets the borrower's window to act.
Reinstatement right
Strong. The borrower may reinstate by paying the entire amount then due and curing all other defaults up until 5:00 p.m. Mountain Standard Time on the last business day before the sale (A.R.S. § 33-813(A)), a later cutoff than states that end reinstatement earlier.
Redemption after sale
None after a trustee's sale. The conveyance is absolute and without right of redemption (A.R.S. § 33-811(E)); the borrower's interest ends at the sale.
Deficiency judgment
Barred after a trustee's sale of property of 2.5 acres or less used as a single one-family or two-family dwelling (A.R.S. § 33-814(G)). On non-exempt property, a deficiency action must be brought within 90 days of the sale (A.R.S. § 33-814(A)).
Non-judicial vs judicial foreclosure in Arizona
Non-judicial trustee's sale (the common path)
Conducted out of court by a trustee under a deed of trust (A.R.S. § 33-807). The sale cannot occur before the 91st day after the notice of sale is recorded, and the borrower can reinstate up to the day before. There is no post-sale redemption, and the § 33-814(G) anti-deficiency protection applies to qualifying dwellings.
Judicial foreclosure (the optional path)
Filed as a court action at the beneficiary's option and decided by a court under the mortgage foreclosure procedures. It is slower and less common. A borrower served with a summons and complaint must file a written response by the stated deadline or risk a default judgment.
Suggested Compliance Checklist
Confirm whether your foreclosure is non-judicial or judicial
As soon as you fall behind or receive any notice days after startingMost Arizona foreclosures are non-judicial trustee's sales under A.R.S. § 33-807, handled out of court. Judicial foreclosure is available at the beneficiary's option and is filed as a lawsuit. The type determines your deadlines and whether you must file a court response.
Read the notice of sale and calendar the 91-day floor
Immediately upon receiving the notice of sale days after startingThe trustee records a notice of sale, and the sale may not be held before the 91st day after recording (A.R.S. § 33-808(C)(1) and § 33-807(D)). Note the recording date and the sale date, and mark the reinstatement cutoff of 5:00 p.m. on the last business day before the sale.
Contact your servicer and apply for loss mitigation or a loan modification
As early as possible, during the notice period days after startingAsk your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft.
Reinstate before the 5:00 p.m. cutoff on the last business day
By 5:00 p.m. MST on the last business day before the sale days after startingUnder A.R.S. § 33-813(A) you may reinstate by paying the entire amount then due and curing all other defaults up until 5:00 p.m. Mountain Standard Time on the last day, other than a Saturday or legal holiday, before the sale. Request a written reinstatement figure and confirm the exact amount and deadline.
Consult a HUD-approved housing counselor
As early as possible in the process days after startingHUD-approved housing counseling agencies assist Arizona homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare reinstatement, a loan modification, and other options before the sale date.
Respond in writing if you are served with a judicial foreclosure lawsuit
By the deadline stated on the summons days after startingIf the beneficiary elects a judicial foreclosure, you are served with a summons and complaint and must file a written response by the deadline stated or risk a default judgment. Confirm your response deadline carefully. Attorney review is available through DocDraft.
Confirm your anti-deficiency protection before signing anything
Before agreeing to any sale, short sale, or deed in lieu days after startingUnder A.R.S. § 33-814(G), no deficiency lies after a trustee's sale of property of 2.5 acres or less used as a single one-family or two-family dwelling. Verify your property qualifies, because a non-exempt property can face a deficiency action within 90 days of the sale under § 33-814(A).
Keep written records of every notice, payment, and communication
Throughout the process days after startingSave the notice of sale, reinstatement quotes, and all servicer correspondence, with dates. These records fix your deadlines under A.R.S. § 33-808 and support a reinstatement under § 33-813(A), and they document any servicing errors. Attorney review of your file is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether your foreclosure is non-judicial or judicial | Most Arizona foreclosures are non-judicial trustee's sales under A.R.S. § 33-807, handled out of court. Judicial foreclosure is available at the beneficiary's option and is filed as a lawsuit. The type determines your deadlines and whether you must file a court response. | - | As soon as you fall behind or receive any notice |
| Read the notice of sale and calendar the 91-day floor | The trustee records a notice of sale, and the sale may not be held before the 91st day after recording (A.R.S. § 33-808(C)(1) and § 33-807(D)). Note the recording date and the sale date, and mark the reinstatement cutoff of 5:00 p.m. on the last business day before the sale. | - | Immediately upon receiving the notice of sale |
| Contact your servicer and apply for loss mitigation or a loan modification | Ask your loan servicer about a loan modification, forbearance, repayment plan, short sale, or deed in lieu. A hardship letter and financial documentation usually support the request. Approval can pause or stop the trustee's sale. Attorney review of your loss-mitigation package is available through DocDraft. | - | As early as possible, during the notice period |
| Reinstate before the 5:00 p.m. cutoff on the last business day | Under A.R.S. § 33-813(A) you may reinstate by paying the entire amount then due and curing all other defaults up until 5:00 p.m. Mountain Standard Time on the last day, other than a Saturday or legal holiday, before the sale. Request a written reinstatement figure and confirm the exact amount and deadline. | - | By 5:00 p.m. MST on the last business day before the sale |
| Consult a HUD-approved housing counselor | HUD-approved housing counseling agencies assist Arizona homeowners with loss mitigation and lender negotiations at no cost. Use the CFPB counselor finder to locate one. A counselor can help you compare reinstatement, a loan modification, and other options before the sale date. | - | As early as possible in the process |
| Respond in writing if you are served with a judicial foreclosure lawsuit | If the beneficiary elects a judicial foreclosure, you are served with a summons and complaint and must file a written response by the deadline stated or risk a default judgment. Confirm your response deadline carefully. Attorney review is available through DocDraft. | - | By the deadline stated on the summons |
| Confirm your anti-deficiency protection before signing anything | Under A.R.S. § 33-814(G), no deficiency lies after a trustee's sale of property of 2.5 acres or less used as a single one-family or two-family dwelling. Verify your property qualifies, because a non-exempt property can face a deficiency action within 90 days of the sale under § 33-814(A). | - | Before agreeing to any sale, short sale, or deed in lieu |
| Keep written records of every notice, payment, and communication | Save the notice of sale, reinstatement quotes, and all servicer correspondence, with dates. These records fix your deadlines under A.R.S. § 33-808 and support a reinstatement under § 33-813(A), and they document any servicing errors. Attorney review of your file is available through DocDraft. | - | Throughout the process |
Frequently Asked Questions
Foreclosure is the legal process a lender uses to take and sell your home when you fall behind on the mortgage. In Arizona, most foreclosures are non-judicial, meaning a trustee sells the property under a deed of trust without a court case, as authorized by A.R.S. § 33-807. Judicial foreclosure is also available at the beneficiary's option.
A non-judicial foreclosure is handled by a trustee out of court under a deed of trust (A.R.S. § 33-807) and is the common Arizona route; it carries no post-sale redemption. A judicial foreclosure is filed as a court action at the beneficiary's option, is slower, and follows the mortgage foreclosure procedures instead of the trustee's-sale timeline.
Under A.R.S. § 33-808(C)(1) and § 33-807(D), the trustee records a notice of sale, and the sale may be held no sooner than the 91st day after the notice is recorded. The trustee's power of sale cannot be exercised before that 91st day, so you have at least that window to reinstate or negotiate.
Yes. Under A.R.S. § 33-813(A), you may reinstate by paying the entire amount then due and curing all other defaults up until 5:00 p.m. Mountain Standard Time on the last day, other than a Saturday or legal holiday, before the sale date. Reinstating cures the default and cancels the trustee's sale.
No. Under A.R.S. § 33-811(E), a trustee's-sale conveyance is absolute and without right of redemption, clear of subordinate liens and interests. Your interest in the property ends at the sale, so acting before the sale by reinstating or negotiating loss mitigation is the only way to keep the home.
Often not. Under A.R.S. § 33-814(G), no deficiency action lies after a trustee's sale of property of 2.5 acres or less used for a single one-family or two-family dwelling. For non-exempt property, the lender must bring any deficiency action within 90 days of the sale under A.R.S. § 33-814(A).
Once the notice of sale is recorded, the trustee may hold the sale no sooner than the 91st day afterward (A.R.S. § 33-808(C)(1)). During that period you can reinstate the loan up to the day before the sale (A.R.S. § 33-813(A)), apply for loss mitigation, or negotiate with your servicer to avoid the auction.
Arizona homeowners can get free help from HUD-approved housing counseling agencies, which assist with loss mitigation and lender negotiations at no cost. The Arizona Department of Housing offers homeowner resources, and AZLawHelp.org connects income-qualified residents with legal aid. Acting well before the sale date gives you the most options.
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