questions & answers

Question: my house was sold at auction today, I was not notified prior to the sale from my mortgage company. I chatted with another lawyer and he said that they should have posted something at my house 20 days prior to the auction, nothing was posted. is this legal?

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, please contact an attorney directly. In the State of Arizona, a trustee must provide written notice to the homeowner pursuant to ARS 33-808 A. The notice must be recorded in the office of the county where the property is located and a copy should be provided to the homeowner no later than thirty days after recording the notice of sale, pursuant to ARS 33-809 B. The recorded notice will specify a date the home will be auctioned, which must be at least ninety days after the notice was sent. If the lender sends the notice by certified mail, this is sufficient to proceed with the sale even though the certified letter may have been refused or not received. The trustee must also post a copy of the notice, at least twenty days before the date of sale, in a conspicuous place on the property to be sold. In addition, the trustee is required to publish the notice of sale in a newspaper of general circulation in the county where the property is located. If the trustee sale notification process was not followed by the trustee, a complaint may be filed with the Arizona Attorney General’s Office by visiting their website. The site also includes helpful resources, including a Resource Guide for Foreclosure Recovery. Visit AZLawHelp.org for information on legal aid offices in your county that may provide free or reduced legal assistance with this matter.