Arizona Foreclosure Eviction Process
Lenders file for a foreclosure action if the property owners fail to pay their mortgages for several months. Foreclosure is the repossession of real estate, used primarily for repossession of homes. Following a foreclosure in Arizona, the lender needs to file the eviction suit if he finds that the homeowners will not leave the property willingly or within a reasonable amount of time following the foreclosure.
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Foreclosure
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Arizona foreclosures can occur both in and out of court. A judicial foreclosure is a foreclosure authorized by a court of law, while a nonjudicial foreclosure refers to a repossession clause within the contract itself. According to the website RealityTrac, the full foreclosure process takes about three months. Court foreclosures are not seen that often in Arizona.
Post-Foreclosure
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The foreclosure sale transfers the ownership of the property to a new party, or back to the bank if no buyer can be found. The eviction process in Arizona begins with a termination notice, called a notice to quit. When the homeowner receives this notice, she has three days to leave this property or the new owner is going to file for an eviction action. The new owner will not be able to file the eviction in court before the three-day period completes.
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Eviction
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The new owner files for the eviction with the eviction complaint form. He also fills out a summons form at the same time to arrange for the homeowners to receive a summons. An Arizona process server or sheriff delivers this summons to the homeowner, with the court date on the form. The eviction hearing rarely goes beyond the first court date. If the judgment is given in favor of the new owner, the homeowners are told to vacate the property within a time frame set by the court.
Possession
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The new owner gains full possession of the home, either when the homeowners leave the property within the time frame set by the court or when the new owner files for a writ of possession. The writ of possession is a document that authorizes a physical eviction, used by the sheriff to remove the homeowners from the property.
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