The Arizona foreclosure timeline.
Arizona is a non-judicial foreclosure state. Lenders don't go to court — they use a trustee. Here's the day-by-day, with the statute references and where your leverage actually sits.
- 1Day 1
Missed Payment
Late fees post immediately. Servicer notes the miss but no legal action yet. The strongest move you can make: pick up the phone before the 16th.
- 2Days 16–30
Late Fees + Calls Begin
Late charges hit your statement; lender outreach starts (calls, letters, portal alerts). Engaging now keeps every option open.
- 3Day 45
Federal Loss-Mit Window Opens
Under 12 CFR § 1024.39, your servicer must reach out about loss-mitigation options by day 45. Submit a complete loss-mit application to lock in formal review.
- 4Days 90–120
Referral to Foreclosure
After ~3 missed payments, the loan is referred to foreclosure. A formal Notice of Default may be sent. Conversations get harder — but options still exist.
- 5NTS Recorded
Notice of Trustee's Sale
A.R.S. § 33-808 — recorded with the County Recorder, mailed to you, posted on the property, and published in a newspaper. Sale must be set ≥90 days out.
- 6NTS + 1–30
Triage Window (best leverage)
Loss-mit desks have the most maneuvering room here. Modification, reinstatement, short sale, or cash-sale paths all start clearly.
- 7NTS + 30–60
Decision Window
Pick a path — or two in parallel. This is also the right window to file Chapter 13 if BK is the route.
- 8NTS + 60–85
Execute
Loss-mit packages in expedited review. Listings priced to clear. Reinstatement quotes locked. Cash backups in hand.
- 9NTS + 85–89
Last-Call Moves
Reinstatement remains available up to 5pm the last business day before the sale (A.R.S. § 33-813). Confirmed cash buyer + proof of funds can postpone the sale through the trustee. Ch. 13 filing triggers an automatic stay.
- 10Sale Day
Trustee's Sale
Public auction, typically at the county courthouse. Title transfers via Trustee's Deed. NO statutory right of redemption in Arizona — that's the key distinction from judicial states.
Statutes referenced
- A.R.S. § 33-807 — Power of sale; sale must be set at least 90 days after recording the Notice of Trustee's Sale.
- A.R.S. § 33-808 — Notice of Trustee's Sale recording, mailing, posting, publication requirements.
- A.R.S. § 33-813 — Reinstatement: right to cure default by paying all amounts due, up to 5pm the last business day before sale.
- A.R.S. § 33-814 — Anti-deficiency for qualifying owner-occupied dwellings on 2.5 acres or less.
- 11 U.S.C. § 362 — Federal automatic stay triggered by Chapter 13 filing.
- 12 CFR § 1024.39 / § 1024.41 — CFPB loss-mitigation requirements for mortgage servicers.