Arizona uses non-judicial (trustee sale) foreclosure with a timeline of approximately 90 days from the recording of the notice of trustee sale. Bankruptcy can stop the process immediately.
Arizona is a non-judicial foreclosure state using a deed of trust system. The trustee records a notice of sale at least 90 days before the sale date and mails notice to the borrower. The sale occurs at public auction. Arizona has no statutory right of redemption after a trustee sale (only after judicial foreclosure). However, Arizona's anti-deficiency statute (A.R.S. section 33-814(G)) prevents lenders from pursuing a deficiency judgment after a trustee sale on purchase-money loans for properties on 2.5 acres or less.
Filing bankruptcy triggers the automatic stay under 11 U.S.C. section 362, which immediately halts all foreclosure activity whether the foreclosure is just beginning, in progress, or about to happen.
Maricopa County processes more trustee sales than almost any county in the Southwest. Phoenix's rapid population growth and housing price volatility mean many homeowners find themselves underwater. Arizona's anti-deficiency statute is a significant protection: after a trustee sale on a purchase-money deed of trust for property on 2.5 acres or less, the lender cannot pursue you for the shortfall.
1File your Chapter 13 petition
The automatic stay immediately stops the foreclosure.
2Calculate your arrears
Determine the total amount of missed payments, late fees, and attorney fees.
3Propose a repayment plan
Spread arrears over 3-5 years while resuming regular payments immediately.
4Complete the plan
All arrears are cured and your mortgage is current. Other unsecured debts are typically discharged.
Arizona's homestead exemption protects $250,000 under A.R.S. section 33-1101 (increased from $150,000 in 2022). This is critical in Chapter 7 for determining how much equity the trustee can reach. In Chapter 13, you keep all property and pay through your plan.
Arizona uses non-judicial (trustee sale) foreclosure. Arizona is a non-judicial foreclosure state using a deed of trust system.
Yes. Filing immediately triggers the automatic stay, which halts foreclosure regardless of how far along it is. Chapter 13 allows you to cure missed payments over 3-5 years.
In Arizona, foreclosure typically takes approximately 90 days from the recording of the notice of trustee sale.
Arizona provides a homestead exemption of $250,000 under A.R.S. section 33-1101 (increased from $150,000 in 2022).
Arizona does not provide a right of redemption after a trustee sale. Filing bankruptcy before the sale is critical.
Chapter 7 delays foreclosure temporarily. Chapter 13 stops the sale and allows you to catch up on arrears over 3-5 years while resuming regular payments.
Use the free 1328(f) screener to check whether a prior discharge affects your eligibility for a new bankruptcy discharge.
Free Discharge Screener Means Test Guide