When does Foreclosure start?
While there is no requirement to wait a certain period of time under Arizona state law before beginning forecluse, most mortgage lenders will wait for a minimum of three missed monthly payments before beginning the foreclosure process.
When does foreclosure start?
Generally, on the fourth missed payment the handling of the loan will be transferred within the mortgage company from the “loss mitigation” department to the “foreclosure department”. For the mortgage company, this is when the foreclosure process has begun.
You will receive a letter from the mortgage company when this transfer occurs. The requirements vary depending on the origin of your loan, terms of your deed of trust, also called the “trust deed” and a few other factors. Lenders will often refer to this transfer as the beginning of the foreclosure or “putting you in foreclosure”.
Once the loan is transferred to the foreclosure department a “trustee” will be assigned to conducted the legally required foreclosure notifications and sale. This “trustee” is often a law office, however, using an attorney to foreclosure is not required.
Under Arizona law, prior to a foreclosure sale the lender must publish a notice of sale date at least once a week for 4 consecutive weeks in a newspaper of general circulation in the county in which the property is located. Within 20 days of the proposed sale a notice must be posted at the property to be foreclosed. A notice of the proposed sale must also be recorded with the recorder where the trust property is located. A sale cannot occur before 90 days from the date of the filing of the Notice of foreclosure sale and not less than 10 days from the date of last publication. A trustee’s deed is issued after the foreclosure sale is completed.
A few of the larger foreclosure law firms in the Phoenix, Scottsdale, Glendale, Tempe, Mesa area include Folks & O’Connor, PLLC, Tiffany & Bosco, PA, Fidelity National Title Agency, etc.
We provide more information for our clients going through foreclosure in our “Foreclosure Portal”.
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Archive: When does foreclosure start?
by John G. Merna