Arizona foreclosure notice of sale must be recorded at least:
Question & Answer
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21 days before sale
A 21-day notice period is far too short to provide meaningful borrower protection and does not correspond to any requirement in Arizona's Deed of Trust statutes; this figure may be confused with publication or posting timelines in other states.
30 days before sale
A 30-day period is insufficient under Arizona law and is more commonly associated with notice requirements in judicial foreclosure states or with landlord-tenant notice periods, not trustee's sale requirements.
90 days before sale
120 days before sale
A 120-day period exceeds Arizona's statutory requirement; while some federal mortgage servicing rules (such as those under CFPB regulations) impose a 120-day delinquency waiting period before initiating foreclosure, the recording of the notice of sale itself requires only 90 days in Arizona.
Why is this correct?
Under A.R.S. §33-808, the trustee must record the Notice of Trustee's Sale at least 90 days before the scheduled sale date, and must also mail and post the notice within five business days of recording. This 90-day window is a statutory minimum and cannot be shortened by agreement between the parties. The law specifically requires recording in the county where the property is located, establishing a public record of the impending sale.
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