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.
For All Of Your Marketing, Escrow and Title Needs
