Foreclosure

questions & answers

Question: I am filing a foreclosure on an agreement for sale because of non payment for 5 months. Do I need to send a letter of intent to foreclosure and wait 60 days before filing with the court?

Answer: You may file for foreclosure at any time there is a default. Arizona Revised Statute §33-808 states that a trustee shall give notice of an intent to sell. Notice can be given in one of four ways. It can be filed with the office of the recorder in the county where the trust property is located. It can also be posted on the property itself. Written notice detailing the time and place of the sale must be posted in a “conspicuous place on the trust property to be sold,” at least twenty days before the date of sale if it can be accomplished without a breach of peace. If posting the notice on the property would cause a breach of peace, then notice should be posted at any building that serves as a location of the superior court in the county where the trust property is to be sold. Notice can also be given by publication in a newspaper for four weeks or by responding to a request for a notice of sale. (A.R.S. 33-808(A) 1-4)