The foreclosure laws are in Title 33 of the Arizona Revised Statues, Annotated. Selected statutes are listed below. The statutes are available in print in the law library in the following locations:
The statutes are also available without annotations online at the website of the Arizona Legislature: ARS §33-721 Foreclosure of mortgage by court action ARS §33-722 Election between action on debt or to foreclose ARS §33-723 Right of junior lien holder upon foreclosure action by senior lien holder ARS§ 33-724 State as party to foreclosure actions ARS § 33-725 Judgment of foreclosure; contents; sale of property; resale ARS § 33-726 Redemption of property by payment to officer directed under foreclosure judgment to sell the property ARS § 33-727 Sale under execution; deficiency; order of liens; writ of possession ARS § 33-728 Recording upon record that mortgage is foreclosed and judgment satisfied; effect ARS § 33-729 Purchase money mortgage; limitation on liability ARS § 33-730 Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods
West’s Arizona Digest 2d. Volume 18 covers Mortgages and has applicable cases regarding foreclosure. Be sure to check the pocket part to find the most recent cases. Law Arizona Reference/Core KFA2457 .A7 1991
LexisNexis Academic: Remote access is available for law faculty and students via the recommended databases section of the Legal Research tab on the law library's home page. There are several different ways to find Arizona cases. First, by following the instructions detailed above to find Arizona statutes, simply clicking on the case links provided in the annotations will take you directly to the cited cases. Second, you can also find cases by clicking on the “US Legal/Federal & State Cases” link on the left-hand side of the home-page, specifying “Arizona” as the jurisdiction, and searching by keyword.
Westlaw Patron Access: To access this portal, you must use the computers provided in the library for the general public. You can search for cases by using Westlaw’s key number digest. After accessing the digest, you can search for a key number by using the Search for Key Numbers box or you can browse the key numbers by clicking on West Key Number Digest Outline. Make sure you select Arizona State as the appropriate jurisdiction. Another way to search for cases is by searching for “Arizona state cases” in the search for a database box. For additional assistance with searching cases, please consult a law librarian.
Arizona Foreclosure: What You Need to Know Now by Jodine Mayberry, Ed. This book features commentaries from leading experts on such subjects as choosing the best options in the current mortgage crisis, federal laws protecting home buyers in obtaining mortgages, the Making Home Affordable program, and tax implications for homeowners after a foreclosure. The book also includes foreclosure pleadings and practice forms and a roundup of recent case law. This would likely be helpful for the consumer, the practitioner, or anyone seeking information about foreclosures. Law Arizona Reference KFA2530.5 .F6 A74 2009
Ins and Outs of Foreclosure By Kent E. Cammack This resource is specifically designed to address Arizona’s foreclosure crisis. It provides useful information for practitioners not typically practicing in this area of law. Law Reserve KFA2530.A75 I52 2010
Arizona Foreclosure Defense and Workout Strategies by Clint W. Smith and Marc D. McCain This book provides feedback from some of Arizona's leading legal minds on the unique challenges of working with distressed homeowners in the Arizona market. These experts analyze the foreclosure trends in the state and propose best practices for assisting distressed homeowners. The book is tailored specifically to address the foreclosure crisis facing Arizona residents and provides helpful information for practitioners seeking to help homeowners and for individuals seeking information on foreclosure. Law Arizona Reference KFA2350.5 F6 S64 2009
The Foreclosure Survival Guide: Keep your House or Walk Away with Money in your Pocket by Stephen Elias This Nolo Press guide is designed especially for consumers and the general public. It provides practical step-by-step information on how to handle foreclosures and how to evaluate whether or not to stay in your home. It also provides information on filing for bankruptcy. This resource provides only general information, however, and is not specifically tailored for Arizona. Law Reserve KF697.F6 E43 2008
Real Estate Finance in a Nutshell by Jon W. Bruce This book presents a thorough overview of the law of real estate finance. It covers introductory matters, the mortgage market, real estate financing devices, the underlying obligation, mortgaged property, and transfer of both the mortgagor's interest and the mortgagee's interest. In addition, the volume discusses rights and obligations after default and before foreclosure. This resource is designed specifically for law students, but also gives comprehensive information that would be helpful for the practitioner seeking background information on real estate issues such as mortgages and foreclosure. Law Study Skills Collection KF695.Z9 B78 2009
Real Estate Transactions: Examples and Explanations By Barlow Burke Step-by-step descriptions of real estate transactions followed by examples, questions, and complete answers. Broad coverage that includes business planning investments, from commercial real estate to more complex commercial transactions. This resource is particularly designed for law students, but would also be helpful for the practitioner. Law Study Skills Collection KF665 .B87 2006
Restatement (Third) of Property (Mortgages) §8 "Foreclosure", American Law Institute (ALI) Kept up to date by cumulative annual supplements and pocket parts. This Restatement constitutes the Institute’s first comprehensive examination of the law of real estate mortgages and mortgage substitutes. It provides practical information through applying classic legal concepts to contemporary social and economic circumstances. This resource is most helpful for practitioners or law students seeking information about the evolution of laws and the topic of mortgages as a whole. Law Core KF395.A2 P738 1997
Foreclosures: Defenses, Workouts, and Mortgage Servicing By John Rao This manual contains information on home foreclosures, including free-standing homes, mobile homes, and condos. It contains helpful information on relevant state foreclosure law, in addition to federal laws. Forms and pleading materials are available and can also be accessed on the accompanying CD-ROM. This resource would be very helpful for attorneys or the general public seeking information about foreclosures and the different applicable laws. Law Treatises KF697.F6 R36 2007 2006 Supplement CD in Law Media KF697.F6 R36 2007
Arizona Legal Forms: Debtor-Creditor By Catherine A. Creighton This book provides useful insights and practical resources for the practitioner, whether the practitioner’s clients are the debtor or the creditor. It provides information on the collection process and also cites applicable law and helpful forms. Although specifically designed for the practitioner, it may be useful for the law student seeking information as well. KFA 2468.A75 (Supp. 2008)
Arizona Civil Remedies, section 8A"Real Property Foreclosures" By Marilee Miller Clarke Sections 8 & 8A in Volume Two contain information on real property foreclosures and applicable forms. The information provided includes deeds of trust, mortgages, allegations of the complaint, and information on default hearings and judgments. There are examples of demand letters, complaints, affidavits, judgments, and other useful forms. This resource is designed primarily for practitioners, although it may be helpful for the general public as well. KFA 2947.A955
The Ins and Outs of Foreclosures By Kent E. Cammack This resource is specifically designed to address Arizona’s foreclosure crisis. It provides useful information for practitioners not typically practicing in this area of law. Law Reserve KFA2530.A75 I52 2010
US Department of Housing and Urban Development. Includes very good information for the consumer trying to avoid foreclosure, including links to legal assistance. Gives advice on talking to your lender and housing counselor. Click on the "Guide to Avoiding Foreclosure" from the HUD home page. In English and Spanish.
Office of the Arizona Governor The Arizona governor's office has a webpage with foreclosure resources available. It provides a checklist of items that can be done if faced with foreclosure.
Arizona Attorney General Foreclosure help. The Arizona Attorney General gives tips and information on how to avoid foreclosure. The site provides resources and information on free workshops on how to prevent foreclosure.
The Arizona Foreclosure Prevention Task Force -- Arizona Foreclosure Information Workbook The Arizona Foreclosure Prevention Task Force provides a "Foreclosure Prevention Workbook" for use by people faced with foreclosure. It provides information about the phases of foreclosure and knowing what to do during those phases. The workbook discusses options that the homeowner has and ways to rebuild after foreclosure. The workbook is also available in Spanish.
Arizona Department of Housing This website is replete with information about housing in Arizona. There is a special webpage within this site that is devoted to eviction or mortgage foreclosure assistance.
Department of Financial Institutions Provides foreclosure help to citizens who are facing foreclosure or think they will. Uses an easy to understand "Dos and Don'ts" format. Includes links to many services and agencies for help as well as contact information for the "Arizona Mortgage Help Line" and community legal services. The editors of the website suggest checking the page often because information is added frequently.
Neighborhood Housing Services of Phoenix NHSPhoenix provides information about programs and services on affordable housing in the Phoenix metropolitan area. The agency provides a special foreclosure page with answers about what a foreclosure is, how it works, and options a homeowner may have.
NeighborWorks America NeighborWorks America is a network of neighborhood organizations and service agencies that help to build healthy American communities. The website has a page devoted to information about foreclosure resources . The organization has outreach programs intended to help struggling homeowners.
Federal Deposit Insurance Corporation (FDIC) The FDIC has information for homeowners having financial difficulty or those that are facing foreclosure. There is a Foreclosure Prevention webpage that offers information and links about foreclosure. There is also information about loan modification programs.
Specific cities provide foreclosure information to homeowners at the following webpages: City of Phoenix City of Tucson City of Peoria City of Scottsdale Nolo Nolo is a free legal resource specifically designed for individuals looking for self-help with different legal concerns. This website contains useful information about the foreclosure process, ways to avoid foreclosure, and other possible alternatives to foreclosure as well. IRS Information on Foreclosure Provides information on the Mortgage Forgiveness Debt Relief Act and Debt Cancellation. Mortgage Foreclosure Resources from the Federal Reserve System The website contains information on different Foreclosure Resource Centers located across the nation, in addition to helpful information for individuals who are having difficulty making mortgage payments. The website also provides links to resources for stabilizing communities as well. Federal Trade Commission Publications Concerning Mortgages A variety of different fact sheets for consumers on mortgage and foreclosure scams, including helpful information for those who are looking for different options when having difficulties paying their mortgage. Great resource for individuals and those seeking to be aware of possible scams. Department of Treasury & Housing and Urban Development Resource Making Home Affordable is a key part of the Obama Administration's effort to help homeowners avoid foreclosure. This website is designed to help those who are struggling with their monthly mortgage payments or have already missed a payment. It contains a variety of different resources, including information for a telephonic hotline for individuals to discuss their needs and concerns. It is a valuable resource for homeowners, consumers, and individuals seeking information on preventing foreclosure. National Consumer Law Center This website provides a variety of resources regarding loan modification programs, foreclosure scams, and other issues pertaining to the foreclosure crisis across the country. This resource would be helpful for those seeking awareness about foreclosure and individuals looking to be wary of any potential foreclosure scams.
Updated 5/2011
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