Question: If house is foreclosed on, what does the new owner need to provide to the old owner and how long does the the old owner have to get out by law?
Title 33, Chapter 6, Article 2 of the Arizona Revised Statutes governs Foreclosures in the state of Arizona. Timeframes related to the eviction of tenants currently living in a foreclosed property greatly depend on how far along the foreclosure process is. You may want to review other already answered questions on this site that also discuss timeframes for foreclosures; such as question #6697 and question #8398. Note the dates that the questions were answered, as laws often change and may have changed since the question was originally answered. To find out the current laws, you may want to go directly to the statutes. To find out how the laws apply to your specific situation, you may want to consult with an attorney. The following is provided for informational purposes only.
Has the sale of the property already taken place? Is the old owner still in possession of the property that has already been foreclosed on? A.R.S. § 12-1173.01 states persons retaining possession of property that has been sold through the foreclosure of a mortgage may be removed by the filing of a forcible detainer action. A landlord may not evict a tenant from the premises until they have filed the special detainer action, and obtained a writ of restitution from the Court. A.R.S. § 12-1178 states that if a person is found guilty in a special detainer action, the Court will issue a writ to the plaintiff for restitution of the premises. This writ must then be served upon the person remaining in possession of the foreclosed property. A.R.S. § 12-1178(D) states that a defendant who is served with a writ if restitution and remains on the property without the express permission of the owner, is guilty of criminal trespass in the third degree. You may also want to take a look at the Protecting Tenants at Foreclosure Act. This information is provided as information only, and is not intended to be construed as legal advice. To find out how the laws apply to your specific situation, you may want to consult with an attorney.
November 29, 2009