Foreclosure · November 7, 2026 · 7 min read

Arizona trustee's sale: the 91-day timeline and how to sell before it

Published by BIMINIO Properties, a company that buys houses for cash in Florida and Arizona.

A single-storey stucco house in Phoenix with a gravel front yard and desert plants under a clear sky

When an Arizona home loan is secured by a deed of trust and payments stop, the lender can sell the house through a trustee, without going to court. That is called a trustee's sale. It follows a fixed timeline set by Arizona law, and you can use that time to catch up or to sell.

The timeline, step by step

Missed payments. For a loan on your main home, a federal rule, 12 CFR 1024.41(f), says the company that collects your mortgage may not start foreclosure until the loan is more than 120 days behind. Some exceptions apply, and reverse mortgages are not covered.
Notice of sale is recorded. The trustee records a notice with the county recorder, sends notice to the people the law lists, posts a copy on the house at least 20 days before the sale, and publishes it in a newspaper once a week for four weeks (section 33-808).
The waiting period. Section 33-808 says the sale date "shall be no sooner than the ninety-first day after the date that the notice of sale was recorded."
The sale. It is held on a weekday that is not a legal holiday, between 9:00 a.m. and 5:00 p.m. mountain standard time.

So from the day the notice is recorded, you have at least 90 full days. Look up the recording date on the notice you received and count forward.

Catching up on the loan: reinstatement

Section 33-813 lets you reinstate, which means the loan goes back in force as if the default never happened. The deadline is 5:00 p.m. mountain standard time on the last day, other than a Saturday or legal holiday, before the sale date.

To reinstate, you pay:

the full amount past due, without the part of the loan that would not be due if you had never missed a payment,
the trustee's costs, such as recording, posting and publishing the notice,
the trustee's fee, capped at $600 or one half of one percent of the unpaid loan, whichever is greater,
other reasonable costs and attorney fees the lender spent to protect its interest.

The right to reinstate belongs to the owner, the owner's successor, and anyone holding a later lien or a later deed of trust on the house. You can ask the trustee for a good faith estimate of the amount at any time while reinstatement is open (section 33-813(C)). After the notice of sale is recorded, send the trustee a written request for the exact figure. The section says the trustee must answer within 5 business days.

Got a notice of trustee's sale? A written cash offer comes within 24 hours, with the comparable sales we used. There is no cost and no obligation.

Call or text (602) 387-7772

The warning printed on every notice of sale

Section 33-808(C) requires every notice of trustee's sale to carry a warning in bold capital letters. It says that if you believe you have a defense or an objection to the sale, you must file a lawsuit and get a court order stopping the sale, under rule 65 of the Arizona Rules of Civil Procedure, by 5:00 p.m. mountain standard time on the last business day before the sale. If you do not, you may lose those defenses. The warning ends: "Unless you obtain an order, the sale will be final."

If you think the lender or the trustee made a mistake, see an Arizona lawyer right away. A court order takes time to get, and the deadline is the business day before the sale.

Selling before the sale

Reinstatement keeps the house, but you still owe the loan and the monthly payment. If the payment no longer works for you, selling during those 90 days pays off the whole loan from the sale. When the loan is paid in full, section 33-813 says the trustee records a cancellation of the notice of sale.

What decides whether a sale works in time:

Days left. A listing with showings, a buyer's loan and an appraisal can take longer than the time you have. A cash buyer with proof of funds removes the loan step.
Equity. If the house is worth more than the loan and other liens, a sale pays them and leaves money for you. If you owe more than it is worth, the lender must approve a short sale, which takes time. Start early.
Liens and HOA balances. These are paid at closing too. Tell the buyer about each one on the first call.

To see what you would keep, try the net proceeds calculator.

What happens to the rest of the debt

Section 33-814(G) says that after a trustee's sale of property of 2.5 acres or less, used for one single-family home or one duplex, the lender may not sue for the difference between the sale price and what you owed. Subsection H lists exceptions for some loans made after December 31, 2014, and the lender can choose a court foreclosure instead. Ask an Arizona lawyer how the rule fits your loan before you count on it.

When subsection G does not protect you, section 33-814(A) gives the lender 90 days after the sale to sue for the rest of the debt. The court then credits you with the higher of two numbers: the price at the trustee's sale, or the fair market value of the house on the sale date. If the lender does not sue within those 90 days, subsection D says the sale money counts as full payment of the debt.

A plan for the next two weeks

Find the recording date and sale date on the notice.
Ask the trustee in writing for the exact reinstatement amount.
Ask your lender for a payoff amount.
Speak with an Arizona lawyer or a HUD-approved housing counselor.
Get a written cash offer, and compare keeping the house with selling it.

How BIMINIO helps in Phoenix and Glendale

We buy houses as is in Phoenix and Glendale. A cash offer is below full market value, and in return you skip repairs, showings and the wait for a buyer's loan. You get a written offer within 24 hours, with the comparable sales we used and proof of funds. A licensed title company pays your lender at closing, and you choose a closing date from 7 to 35 days out. We pay the closing costs.

See our page for owners behind on payments, or our Phoenix page.

Thinking about selling? BIMINIO buys houses in Florida and Arizona as is. A written offer comes within 24 hours, and you pick the closing date.

Sources

Arizona Revised Statutes, section 33-808: notice of trustee's sale, read November 8, 2026
Arizona Revised Statutes, section 33-813: reinstatement and cancellation of notice of sale, read November 8, 2026
Arizona Revised Statutes, section 33-814: action to recover balance after sale, read November 8, 2026
Code of Federal Regulations, 12 CFR 1024.41: loss mitigation procedures, read November 8, 2026

Situations this helps with

Behind on payments or facing foreclosure

Guides

This post is general information. BIMINIO does not give legal, tax or financial advice.

Questions and answers

How long after the notice of trustee's sale is the sale held in Arizona?

Arizona Revised Statutes section 33-808 says the sale date can be no sooner than the 91st day after the date the notice of sale was recorded. So from the day the notice is recorded, you have at least 90 full days. Look up the recording date on the notice you received and count forward.

Until when can I stop an Arizona trustee's sale by catching up?

Arizona Revised Statutes section 33-813 lets you reinstate the loan before 5:00 p.m. mountain standard time on the last day, other than a Saturday or legal holiday, before the sale date. You pay what is past due, the trustee's costs and fee, and other reasonable costs and attorney fees the lender spent to protect its interest.

How do I find out the exact amount to reinstate?

Send the trustee a written request after the notice of sale is recorded. Arizona Revised Statutes section 33-813 says the trustee must tell you the exact amount within 5 business days. You can also ask the trustee for a good faith estimate at any time while reinstatement is open, under section 33-813(C).

Can the lender sue me for the rest of the debt after a trustee's sale?

Usually not. Arizona Revised Statutes section 33-814 says no action may be brought for the difference after a trustee's sale of property of 2.5 acres or less used for one single-family home or one duplex. The section lists exceptions for some loans, so ask an Arizona lawyer how it applies to your loan.

Can I sell my house after the notice of trustee's sale is recorded?

Yes. You own the house until the sale. A sale that pays off the loan at closing ends the foreclosure, and under Arizona Revised Statutes section 33-813 the trustee records a cancellation of the notice of sale. A cash buyer with proof of funds removes the buyer's loan step, which saves time.

Does BIMINIO buy houses facing a trustee's sale in Arizona?

Yes, in Phoenix and Glendale. BIMINIO buys houses as is. You get a written offer within 24 hours, with the comparable sales we used, and you choose a closing date from 7 to 35 days out. A licensed title company pays your lender at closing, and we pay the closing costs.

What does the warning on an Arizona notice of trustee's sale mean?

Arizona Revised Statutes section 33-808 requires the notice to say that anyone with a defense or objection must file an action and get a court order stopping the sale under Arizona civil procedure rule 65 by 5:00 p.m. mountain standard time on the last business day before the sale, or the defenses may be waived.

How must an Arizona notice of trustee's sale be published?

Section 33-808 requires it to be recorded with the county recorder, posted on the property at least 20 days before the sale, posted at a superior court building, and published in a newspaper once a week for four weeks, with the last publication at least 10 days before the sale.

How long does an Arizona lender have to sue for the rest of the debt?

When a deficiency is allowed, Arizona Revised Statutes section 33-814(A) says the lender must bring the action within 90 days after the trustee's sale. If none is brought in that time, subsection D treats the sale money as full payment of the debt. Ask an Arizona lawyer whether it applies to your loan.

How much is the trustee's fee to reinstate an Arizona loan?

Arizona Revised Statutes section 33-813(B) caps the trustee's fee at $600 or one half of one percent of the unpaid principal, whichever is greater. The trustee's costs, such as recording, posting and publishing the notice, are added to the amount you pay to reinstate. Ask the trustee for the exact figure in writing.