Foreclosure

questions & answers

Question: I am living in a house that is in foreclosure. The trustee date is in December, how lolng do I have until I get evicted from the property? How does the whole foreclosure work in AZ?

Answer: Following the deed of trust sale the new owner must provide you with a written "demand" to vacate. If you fail to vacate they can then file a forcible entry and detainer (FED or eviction) lawsuit in Superior Court. The lawsuit must be served upon you. The date for the trial should generally no sooner than 5 days after filing. Following the trial a writ of restitution (the actual evicition order)can be issued no sooner than 5 days. The writ is the document that allows the constable to actually evict. It usually takes several days for the constable to serve the eviction order and they often will allow and additional 24-48 hours to vacate.