Guides · Foreclosure Defense — Arizona
Got a Notice of Trustee Sale in Arizona? Here Is What to Do Right Now
The Notice of Trustee Sale starts a 91-day clock in Arizona. Here is what it means, what you must do in the first 48 hours, and which options can still stop the sale.
A Notice of Trustee Sale (NTS) in Arizona is not a warning — it is the formal start of a foreclosure clock. Once the NTS is recorded in your county recorder's office, the lender is legally authorized to sell your home at public auction in as little as 91 days. And unlike many other states, Arizona has no right of redemption after the sale. If the auction happens without being stopped, it is final. That is why the first 48 hours after you receive this notice are the most important.
What is a Notice of Trustee Sale?
Most Arizona home loans use a deed of trust, which gives a trustee (usually a title company) the right to sell the property on behalf of the lender if you default — without going to court. The Notice of Trustee Sale is the document the trustee records to start that process. It includes the sale date, time, and location; the amount claimed to be owed; and the property description. Arizona law requires the NTS to be mailed to you, posted on the property, published in a local newspaper, and recorded in the county recorder's office.
Do these six things immediately
- Find the sale date on the notice. Write it down. Count the days. Identify how much of the 91-day window remains.
- Do not ignore it. This is not a bill or a pre-warning. It is the legal start of a sale process that ends in auction if you do not act.
- Call your servicer today. Ask for the loss-mitigation department. Request a loan-modification application in writing. A complete application may trigger federal protections that pause the sale.
- Gather your loan documents. Find your original loan note, the deed of trust, your payment history, and any correspondence about the default.
- Contact a free HUD-approved housing counselor. Call 1-800-569-4287. These counselors help homeowners negotiate with servicers at no cost.
- Talk to a licensed Arizona attorney. A.R.S. § 33-811(C) requires a court order to be entered before 5:00 p.m. on the last business day before the sale to halt it legally — miss that cutoff and your defenses are waived. An attorney can evaluate your defenses quickly.
What the 91-day clock means in practice
Arizona law sets the minimum gap between the NTS recording and the sale at 91 days. That sounds like time, but most options have sub-deadlines well before day 91. Reinstatement funds must be arranged and sent. Modification applications must be submitted, reviewed, and decided. A court TRO must be obtained before 5:00 p.m. on the last business day before the sale. Day 80 is not the same as Day 1.
Your main options after receiving the NTS
- Reinstatement: Pay all past-due amounts plus costs and fees to bring the loan current. Under A.R.S. § 33-813, this right generally exists up to 5:00 p.m. on the last business day before the scheduled sale.
- Loan modification: A complete application may pause the sale under federal RESPA anti-dual-tracking rules while the servicer reviews it. Submit early and follow up immediately on any document requests.
- Court TRO or injunction: If the lender made a legal or procedural error, an Arizona superior court can issue a temporary restraining order halting the sale. Under A.R.S. § 33-811(C), the order must be entered before 5:00 p.m. on the last business day before the sale, or all defenses and objections are waived.
- Chapter 13 bankruptcy: Filing triggers a federal automatic stay under 11 U.S.C. § 362 that halts the sale instantly — even if the sale is scheduled for the next day.
- Short sale or deed-in-lieu: If keeping the home is not realistic, these options can resolve the debt without a public auction and may avoid a deficiency judgment if negotiated correctly.
What does not stop the sale
Calling the servicer without submitting a written application does not stop the sale. A partial payment that does not fully reinstate the loan does not stop the sale. Simply writing a letter of dispute does not stop the sale. Arizona's non-judicial process runs on its own timeline unless a specific legal action halts it.
Frequently asked
- What is a Notice of Trustee Sale in Arizona?
- It is the document that formally starts the non-judicial foreclosure process on a deed-of-trust loan. When recorded in the county recorder's office, it begins a 91-day minimum clock to the sale. Arizona law requires it to be mailed to the trustor, posted on the property, and published in a newspaper. After the sale occurs, there is no right of redemption.
- How many days do I have after receiving a Notice of Trustee Sale?
- The sale must be held at least 91 days after the NTS is recorded in the county recorder's office. If you just received the mailed copy, check the recording date on the notice — the clock starts from recording, not from when you receive the mail.
- Can I stop the trustee's sale after receiving the notice?
- Yes, but you must take specific action. Options include reinstatement (paying arrears, up to 5:00 p.m. on the last business day before the sale under A.R.S. § 33-813), submitting a complete loan-modification application, obtaining a court TRO before 5:00 p.m. on the last business day before the sale under A.R.S. § 33-811(C), or filing Chapter 13 bankruptcy for an immediate automatic stay. None of these happens automatically.
- Is a Notice of Trustee Sale the same as an eviction notice?
- No. The NTS starts the foreclosure process — a separate legal process (unlawful detainer) would be needed by the new owner to remove you from the property after the sale. You generally remain in the home through the sale itself and until that separate proceeding concludes.
72-Hour Foreclosure Response Plan — the 3 deadlines that decide your case
What's inside: your New York answer window, the RPAPL 1304 notice checklist, and the acceleration date that may time-bar the lawsuit. Self-help guide — not a law firm, no advance fee, no guaranteed outcome.
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This guide is self-help educational information, not legal advice, and Health Wealth Stealth is not a law firm. It does not create an attorney-client relationship. Laws and deadlines change and vary by case; consult a licensed attorney in your jurisdiction.