Foreclosure Article
Renting a Foreclosure
1. Can I rent a property that is in foreclosure?
Yes, but the landlord must provide a written notice of the foreclosure with the rental agreement.
2. What happens if while I am renting a house the property goes into foreclosure?
If you are renting house and the property goes into foreclosure the landlord must notify you. In fact they must provide you with written notice within 5 business days of the first notice of trustee sale.
3. Is there a specific form that I need to use to notify a tenant?
Arizona Revised Statute 33-1331 provides a format for how a landlord should set up this information but it is not necessary to use this exact format. The format is as follows:
This property is undergoing foreclosure. For more information on this action, you should contact ________________ (name, address and phone number of the court where the action is filed or trustee, attorney or other responsible party).
A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this property has been set for _________ (time, date and place) or no date for sale of this property has been established.
4. What happens if the owner fails to provide notice?
If a landlord fails to notify their tenant in writing within 5 business days the tenant may terminate the lease and recover their security deposit. It is also possible to obtain injunctive relief and money for any damages the tenant may have.
5. As a tenant can I just leave the property if I am not notified properly?
No, a tenant must deliver written notice stating how the landlord breached the agreement and that the rental agreement will end on a specific date. The end date must be at least 10 days after the letter is delivered.
6. Does this apply to apartment complexes?
No, these laws do not apply to apartment complexes or other multifamily residential complexes that have more than four units.
Updated: February 24, 2017
Comments:
QUESTIONS
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Is a condo covered in the anti-deficiency statue of Arizona? My condo is one of a 4 unit building. Is that a single family dwelling? I am the only person who lives in it. Can someone please help?
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House is being foreclosed on. There is a second mortgage involved. What is the statue of limitations for the second mortgage to file a deficiency law suit? Is it 90 days after the sale of trust of the 1st mortgage foreclosure? Or does it fall under the 6 year rule?
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CAN A BANK FORCLOSE A HOME IN THE STATE OF ARIZONA WITH THERE BEING NO CHAIN OF CORPORATE TITLE TRANSFER?
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is "strict" foreclosure or "deed in lieu" foreclosure available in arizona?
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A mortgage company defrauded us, sold us on a refi from a 3.5% ARM to an 8% fixed before the industry crashed. Turns out the switched papers at the title company and put us back in an ARM with a pre-payment penalty. After Az Att Gen office sent a letter to them, did they finally modify our loan. 2 yrs later, I want to refi in to todays rates after no late payments and I am told since modified, never can refinance??? Also Att Gen office asked me to fill paperwork out for the settlement they reached with a Bank, I did, have heard nothing and the Bank says they will do nothing!
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I am leasing a house threw a management company and found out that the house is in foreclosure and an auction date has already been set. The way I found out is the attorney for the lender posted the notice on our door not by the management company. I had to let them know. Am I still suppose to pay them the lease payment?
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I am in foreclosure with Citimortgage. I just started working after eight months. I have kept in touch with them, and they will do a hardship application when I can provide two paystubs. This I can do as of two weeks from today, when I get my second pay stub. Unfortunately, they are proceeding with foreclosure. I cannot afford an attorney. I just need someone to make them wait the extra two weeks, plus however long they take to process my application. Without my house I am literally homeless, and I am so close to giving them what they need. Can you provide me with pro bono assistance?
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I have a land contract on a mobile home but do not have the title. The current is in serious default (10 months). Do I foreclose, get a judgement on the loan or get lien? Is this something I can do or do I really need and attorney? If it matters the amount due is about $11,500. Thanks!
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My father passed away 1/16/2015. His is the only name on his home's deed. There is a reverse mortgage on the house and what is currently owed on the mortgage is more than the house is worth. My name is not on the deed and I don't plan on going to probate to get control of the house. The mortgage company is starting foreclosure. My question: is the estate, and me personally as the executor of the will, legally obligated maintain the homeowners insurance policy until the house is sold at the foreclosure auction which could take 1 to 2 years?
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I asked CitiMortgage Inc . for a loan modification at the end of 2012 because my ci-borrower was gone and I was going to get a 20% paycut two months from when I made my request. I was definitely in imminent danger of default. They said call back after I miss 3 payments and then they would help.Endless paperwork, 10 payments behind-I reinstated in full and am now current. They transferred deed to trustee and still foreclosure activity. Help
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