You are having financial problems, you may be under employed or unemployed. You can no longer make the payments on your home. You have submitted the necessary paperwork to your lender in the hopes of qualifying for a loan modification. To add a little more stress, your home is scheduled to go to public auction.
As stressful as the above situation is, imagine this: While your attempting to qualify for a loan modification, there is a knock at the door.
It’s the new owner.
Yep-it turns out that while the $10 per hour customer service rep at your mortgage company was telling you “everything is going to be fine, we have postponed the trustee sale” your home went to sale and was purchased for pennies on the dollar.
Now the new owner is telling you “you need to move out-today!“ You are scared, and you don’t understand Arizona law.
But do you really need to move out immediately? What are your rights?
Arizona Revised Statutes 12-1171 through 12-1183 are the state of Arizona’s laws for the foreclosure-eviction process.
Article 4 – Forcible Entry and Detainer
- 12-1171 – Acts which constitute forcible entry or detainer
- 12-1172 – Definition of forcible entry
- 12-1173 – Definition of forcible detainer; substitution of parties
- 12-1173.01 – Additional definition of forcible detainer
- 12-1174 – Immateriality of time possession obtained by tenant
- 12-1175 – Complaint and answer; service and return
- 12-1176 – Demand for jury; trial procedure
- 12-1177 – Trial and issue; postponement of trial
- 12-1178 – Judgment; writ of restitution; limitation on issuance; criminal violation; notice
- 12-1179 – Appeal to superior court; notice; bond
- 12-1180 – Stay of proceedings on judgment; record on appeal
- 12-1181 – Trial and judgment on appeal; writ of restitution
- 12-1182 – Appeal to supreme court; stay and bond
- 12-1183 – Proceedings no bar to certain actions
Michelle Lind, general counsel for the Arizona Association of Realtors, explained to the Arizona Republic how Arizona’s eviction laws work.
“The buyer of a foreclosure home has to give the home’s former owner notice to move out,” she said. “If after five days the former owner doesn’t move out, the new owner can file with the courts for a forcible eviction.”
If you believe you are losing your home illegally, you can hire an attorney and fight the sale and/or the eviction.
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Tags: 5 day notice, Arizona Eviction, Arizona Eviction Laws, Arizona Tenant Rights, Arizona Trustee Sale
How long will a forcible eviction last?
@Blair, not sure I understand the question. “What do you mean “how long will it last”?
What if I am the renter and have signed a lease? I just found out the home I’m renting is going up for auction next week, and my lease is until the end of October.
Hi Adrienne,
You may have some legal protection however, I would need to know some more specifics.
Call me directly at 480.650.8602
Our home will sold at the trustee sale on May 28th, we was in a chapter 13, due to things beyond our control, we got behind and was advised by our attorney to convert to chapter 7, needless to say our home will be sold and I cannot get a staight answer from regarding how long do we have to move out of the home after the sale, and do they lock up your belongings.The really bad thing is no one wants to rent you due to your credit.
My home was sold at auction, and has been purchased however I had a lot of belongings in the home. Does the new buyer have to legally give me my property or not since they purchased the home from the bank at auction.
Hi Teri, is your home in Arizona? When was your home sold at auction?
Yes it is in AZ, it was sold about 2 wks ago
Are you still living in the home? Has the new owner contacted you yet? Are you sure the home didnt go back to the bank? You can email me and I will refer you to someone that will have a definite answer based on your exact situation. My email is mytitleguy@me.com