Guide · November 9, 2026
Selling your house before a trustee's sale in Arizona: the 90 days and your choices
With a deed of trust, an Arizona house can be sold by a trustee without a court case, no sooner than the 91st day after the notice. A sale before that date pays the loan and ends the process.
Key points
- With a deed of trust, an Arizona lender can sell the house through a trustee, without a lawsuit.
- The sale can be no sooner than the 91st day after the notice of sale is recorded.
- You can reinstate the loan until 5:00 p.m. mountain standard time on the last business day before the sale.
- A sale that pays the loan in full ends the process, and the trustee records a cancellation of the notice.
- For most homes on 2.5 acres or less used as a one-family or two-family home, the lender cannot chase a shortfall after a trustee's sale.
- Money left over after a trustee's sale goes to junior liens first, then to the owner.
Why Arizona sales happen without a court
An Arizona home loan can be secured by a deed of trust. In it, the borrower gives a trustee the power to sell the house if the loan is not paid. That is why this kind of foreclosure has no lawsuit and no judge. The trustee records a notice, waits the time the law sets, and holds a public sale.
You own the house until that sale. Until then you can pay what is behind, pay the loan in full, or sell the house. This guide walks through each date under Arizona Revised Statutes sections 33-808 to 33-814. It gives no legal advice, so speak with an Arizona lawyer or a HUD-approved housing counselor about your own loan.
The timeline after the notice is recorded
Section 33-808 says the trustee records the notice of sale with the recorder in the county where the house is. Section 33-809 says the trustee mails a copy to the borrower within 5 business days after recording. The notice is also posted on the house at least 20 days before the sale, and published once a week for four weeks in a row, the last time at least 10 days before the sale.
The sale date can be no sooner than the 91st day after the notice was recorded. The sale is held on a weekday that is not a legal holiday, between 9:00 a.m. and 5:00 p.m. mountain standard time, on the property, at a superior court building or at the trustee's office in the county.
| Day | What happens | What you can do |
|---|---|---|
| Day 0 | The notice of sale is recorded with the county recorder | Ask the trustee for the reinstatement amount in writing |
| By day 5 (business days) | The trustee mails you a copy of the notice | Write down the sale date on the notice |
| Weeks before the sale | Notice is published four weeks in a row | Get offers and pick a closing date before the sale |
| At least 20 days before | Notice is posted on the house | Close a sale, or reinstate |
| Last business day before, 5:00 p.m. MST | Reinstatement deadline | Pay what is behind plus costs |
| Day 91 or later | The trustee's sale | Too late to reinstate under section 33-813 |
Reinstating the loan
Section 33-813 lets you reinstate the loan by paying the entire amount then due, leaving out principal that would not be due if you had never missed a payment, and curing any other default. You also pay the costs the statute lists, including trustee's fees, the recording fee to cancel the notice and reasonable attorney fees.
The deadline is before 5:00 p.m. mountain standard time on the last day before the sale date that is not a Saturday or a legal holiday. Send the trustee a written request for the exact amount. The trustee must answer within 5 business days of receiving it, with each cost listed. A request in the last 5 business days gets an answer as soon as practicable, and it does not move the deadline.
Selling before the sale date
If you cannot reinstate, or you do not want to keep the house, a sale before the trustee's sale pays the whole loan from the sale. The title company asks the lender for a payoff letter that includes the trustee's fees and costs, pays the lender at closing and sends you the rest. Section 33-813(F) says that when the deed of trust is paid in full, the trustee records a cancellation of the notice of sale.
Time is the hard part. A buyer with a bank loan needs an appraisal and approval, which can take longer than the days left. A cash buyer has no loan to wait for. Tell every buyer the sale date on the first call, and give the title company the trustee's name and the recording number from the notice.
- The notice of sale, with its recording number and sale date
- The trustee's name and phone number
- The lender and the loan number
- Any second loan, HOA dues that are behind, or other liens
- Who is on the title, and how each person can sign
When the sale date moves
Section 33-810 lets the trustee postpone the sale by announcing it at the time and place set for the sale. Each new date must be within 90 calendar days of that announcement, and the law sets no total limit on postponements. Ask the trustee for the current date before you sign a contract, and ask again the week before closing.
A postponement gives you more time, but it is the trustee's choice. Plan your closing for the date on the notice unless the trustee confirms a new one in writing.
Before the notice: the federal 120-day rule
For a loan on your main home, 12 CFR 1024.41(f) says the servicer generally cannot make the first foreclosure notice or filing until the loan is more than 120 days behind. With a deed of trust, the recorded notice of sale is a foreclosure notice, so that time comes before the 90 days above.
During those months you can apply for a repayment plan or a loan change, and you can sell with every choice still open. A complete application sent more than 37 days before a sale generally stops the sale until the servicer decides, under the conditions in section 1024.41(g).
Debt left over after a trustee's sale
If the house sells at the trustee's sale for less than the loan, the difference is called a deficiency. Section 33-814(G) says that for trust property of 2.5 acres or less used as a single one-family or two-family home, the lender cannot pursue that shortfall after a trustee's sale. Section 33-814(H) lists exceptions for some deeds of trust made after December 31, 2014, such as homes never finished or never lived in.
Where a deficiency is allowed, section 33-814(A) gives the lender 90 days after the sale to sue for it. If the house is worth less than the loan before any sale, read the guide on short sales.
Money left over after a trustee's sale
If the trustee's sale brings more than the loan and the costs, section 33-812 says the extra pays junior liens in order of priority, then goes to the borrower or the owner of record at the time of the sale. The trustee mails notice of the extra money within 15 days. If the trustee deposits it with the county treasurer, owners apply to the superior court to get it.
The winning bidder at a trustee's sale must pay by 5:00 p.m. the next business day, under section 33-811. Selling before the sale avoids the wait for surplus: the equity is paid to you at closing.
Watch for rescue scams
A recorded notice of sale is public, so strangers can find it and call with promises to save the house. The Federal Trade Commission warns that scammers ask for money upfront, tell owners to pay them instead of the lender, tell owners to stop talking to the lender, and try to get owners to sign over the deed. A real buyer pays through a licensed title company, and you sign the deed only at closing.
HUD-approved housing counselors give advice on foreclosure, often at little or no cost. The Consumer Financial Protection Bureau lists them by ZIP code.
Selling to BIMINIO before a trustee's sale
BIMINIO buys houses in Phoenix and Glendale with a recorded notice of trustee's sale, as is. You get a text within a minute, a call within the hour and a written cash offer within 24 hours, with the comparable sales we used and proof of funds. You pick a closing date from 7 to 35 days out, and we pay the closing costs. A cash offer is below full market value.
Tell us the sale date on the first call. The title company needs the payoff and a clear title before it can close, and other liens or owners who cannot sign can take longer.
Arizona trustee sale timeline →
Want a number for your house? BIMINIO buys in Florida and Arizona, as is. A written offer comes within 24 hours.