Foreclosure

questions & answers

Question: We are currently renting a home that is being foreclosed on. A realtor is telling me to allow him to put a safe lock on the door and show the home. What are my rights? He claims to work for the trustee.

Answer: Arizona Revised Statute 33-1341 (B) states that if an owner receives notice of trustee's sale or other notice of foreclosure, after the property is being rented, he/she must notify the tenant within five business days by sending the tenant the following form: “This property is undergoing foreclosure. For more information on this action, you should contact ________________ (name, address and phone number of the court where the action is filed or trustee, attorney or other responsible party). A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this property has been set for _________ (time, date and place) or no date for sale of this property has been established.” (A.R.S. 33-1341 (A)) Additionally, A.R.S. 33-1343 (A) states: “The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.”