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Foreclosure, Homeowners Associations, and Landlord/Tenant

Helpful Websites

US Department of Housing and Urban Development. 
Includes very good information for the consumer trying to avoid foreclosure, including links to legal assistance. Gives advice on talking to your lender and housing counselor.  Click on the "Guide to Avoiding Foreclosure"  from the HUD home page.  In English and Spanish.

Arizona Attorney General
This website has a homeowner’s guide about foreclosure created by the Arizona Foreclosure Prevention Task Force.

Arizona Department of Housing
This website is replete with information about housing in Arizona.  There is a special webpage within the site that is devoted to eviction and mortgage foreclosure assistance.

Trellis (formerly Neighborhood Housing Services of Phoenix)
Trellis provides information about programs and services on affordable housing in the Phoenix metropolitan area.  The agency provides a special foreclosure page with answers about what a foreclosure is, how it works, and options a homeowner may have. 

NeighborWorks America
NeighborWorks America is a network of neighborhood organizations and service agencies that help to build healthy American communities.  The website has a page devoted to information about foreclosure resources.  The organization has outreach programs intended to help struggling homeowners.

Federal Deposit Insurance Corporation (FDIC)
The FDIC has information for homeowners having financial difficulty or those that are facing foreclosure.  There is a Foreclosure Prevention webpage that offers information and links about foreclosure.  There is also information about loan modification programs.

IRS Information on Foreclosure 
Provides information on the Mortgage Forgiveness Debt Relief Act and Debt Cancellation. 

Mortgage Foreclosure Resources from the Federal Reserve System
The website contains information on different Foreclosure Resource Centers located across the nation, in addition to helpful information for individuals who are having difficulty making mortgage payments. The website also provides links to resources for stabilizing communities as well.

Federal Trade Commission, Homes & Mortgages
A variety of different fact sheets for consumers on mortgage and foreclosure scams, including helpful information for those who are looking for different options when having difficulties paying their mortgage. This is a great resource for individuals and those seeking to be aware of possible scams. 

Department of Treasury & Housing and Urban Development Resource
This website is designed to help those who are struggling with their monthly mortgage payments or have already missed a payment.  It contains a variety of different resources, including information for a telephonic hotline for individuals to discuss their needs and concerns.  It is a valuable resource for homeowners, consumers, and individuals seeking information on preventing foreclosure. 

National Consumer Law Center
This website provides a variety of resources regarding loan modification programs, foreclosure scams, and other issues pertaining to the foreclosure crisis across the country. This resource would be helpful for those seeking awareness about foreclosure and individuals looking to be wary of any potential foreclosure scams. 

Primary Law

Statutes

The Arizona Revised Statutes Annotated is the official statutory code for the State of Arizona. Foreclosure laws are located in Title 33.  Selected statutes are listed below.  

ARS §33-721 Foreclosure of mortgage by court action
ARS §33-722 Election between action on debt or to foreclose
ARS §33-723 Right of junior lien holder upon foreclosure action by senior lien holder
ARS§ 33-724 State as party to foreclosure actions 
ARS § 33-725 Judgment of foreclosure; contents; sale of property; resale
ARS § 33-726 Redemption of property by payment to officer directed under foreclosure judgment to sell the property
ARS § 33-727 Sale under execution; deficiency; order of liens; writ of possession
ARS § 33-728 Recording upon record that mortgage is foreclosed and judgment satisfied; effect
ARS § 33-729 Purchase money mortgage; limitation on liability
ARS § 33-730 Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods

Free Resources
Ross-Blakley Law Library: The statutes are available in print in the law library in the Arizona Reference Collection (3rd floor)

Arizona State Legislature: Contains full-text session laws from the 43rd Legislature (1997) to the present

Subscription Resources
Lexis (Lexis password required)

Westlaw (Westlaw password required)
     Arizona Statutes and Court Rules: current version of the Arizona statutes, constitution, and court rules
     Arizona Statutes Annotated Historical: 1988–last year
     Arizona Statutes Index

Books

Arizona Foreclosure: What you Need to Know Now (Jodine Mayberry, Ed., 2009)
This book features commentaries from leading experts on such subjects as choosing the best options in the current mortgage crisis, federal laws protecting home buyers in obtaining mortgages, the Making Home Affordable program, and tax implications for homeowners after a foreclosure.  The book also includes foreclosure pleadings and practice forms and a roundup of recent case law.  This would likely be helpful for the consumer, the practitioner, or anyone seeking information about foreclosures.   

The Ins and Outs of Foreclosures (Kent E. Cammack, 2010) 
This resource is specifically designed to address Arizona’s foreclosure crisis. It provides useful information for practitioners not typically practicing in this area of law. 

Arizona Foreclosure Defense and Workout Strategies  (Clint W. Smith and Marc D. McCain, 2009)
This book provides feedback from some of Arizona's leading legal minds on the unique challenges of working with distressed homeowners in the Arizona market. These experts analyze the foreclosure trends in the state and propose best practices for assisting distressed homeowners.  The book is tailored specifically to address the foreclosure crisis facing Arizona residents and provides helpful information for practitioners seeking to help homeowners and for individuals seeking information on foreclosure.

Real Estate Finance in a Nutshell (Jon W. Bruce, 2018)
This book presents a thorough overview of the law of real estate finance.  It covers introductory matters, the mortgage market, real estate financing devices, the underlying obligation, mortgaged property, and transfer of both the mortgagor's interest and the mortgagee's interest. In addition, the volume discusses rights and obligations after default and before foreclosure.  This resource is designed specifically for law students, but also gives comprehensive information that would be helpful for the practitioner seeking background information on real estate issues such as mortgages and foreclosure.

Real Estate Transactions: Examples and Explanations (Barlow Burke, 2014)
Step-by-step descriptions of real estate transactions followed by examples, questions, and complete answers. Broad coverage that includes business planning investments, from commercial real estate to more complex commercial transactions.  This resource is particularly designed for law students, but would also be helpful for the practitioner. 

Repossessions (Carolyn L. Carter; contributing authors, Jonathan Sheldon, John Rao, 2010)
This resource provides information on repossessions of motor homes, motor vehicles, household goods and other matters.  It also discusses creditor and consumer limitations, how to calculate and limit deficiencies, as well as other consumer concerns.  Very useful for the consumer who is seeking information on what options may be available when faced with a possible repossession.  

Restatement (Third) of Property (Mortgages) (American Law Institute, 1991-2000)
Kept up to date by cumulative annual supplements and pocket parts.  This Restatement constitutes the Institute’s first comprehensive examination of the law of real estate mortgages and mortgage substitutes.  It provides practical information through applying classic legal concepts to contemporary social and economic circumstances.  This resource is most helpful for practitioners or law students seeking information about the evolution of laws and the topic of mortgages as a whole.

Foreclosures: Defenses, Workouts, and Mortgage Servicing (John Rao, 2005)
This manual contains information on home foreclosures, including free-standing homes, mobile homes, and condos. It contains helpful information on relevant state foreclosure law, in addition to federal laws.  Forms and pleading materials are available and can also be accessed on the accompanying CD-ROM.  This resource would be very helpful for attorneys or the general public seeking information about foreclosures and the different applicable laws. 

Arizona Legal Forms: Debtor-Creditor (Catherine A. Creighton, 2002-2014)
This book provides useful insights and practical resources for the practitioner, whether the practitioner’s clients are the debtor or the creditor.  It provides information on the collection process and also cites applicable law and helpful forms. Although specifically designed for the practitioner, it may be useful for the law student seeking information as well.

Arizona Civil Remedies, section 8A "Real Property Foreclsoures" (Marilee Miller Clarke, 2015)
Sections 8 & 8A in Volume Two contain information on real property foreclosures and applicable forms. The information provided includes deeds of trust, mortgages, allegations of the complaint, and information on default hearings and judgments. There are examples of demand letters, complaints, affidavits, judgments, and other useful forms. This resource is designed primarily for practitioners, although it may be helpful for the general public as well.