Guide to Foreclosure Law

Scope:
This research guide includes information for individuals facing foreclosure, attorneys representing clients, students, and others who need information on this area of law. There are both primary and secondary sources included in this guide. The call numbers on this page link to library catalog records, which provide information about location and availability of each item in the Ross Blakley Law Library.

Resources in Print
Treatises
Forms and Self-Help
Selected Arizona Statutes

Online Information
Websites

Resources in Print

Treatises

The Foreclosure Survival Guide: Keep your House or Walk Away with Money in your Pocket
by Stephen Elias
Law Reserve KF697.F6 E43 2008

Real Estate Finance in a Nutshell
by Jon W. Bruce
Law Study Skills Collection KF695.Z9 B78 2009

Real Estate Transactions: Examples and Explanations
By Barlow Burke
Law Study Skills Collection KF665 .B87 2006

Repossessions and Foreclosures: With CD-ROM
By Johnathon A. Sheldon
Law Treatises,KF1085.S54 2002 (Supp. 2004).

Restatement (Third) of Property (Mortgages) §8, 1997. (Supp. 2008).
"Foreclosure", American Law Institute (ALI)
Law Core, KF395.A2 P738 1997

Foreclosures: Defenses, Workouts, and Mortgage Servicing.
By John Rao
Law Treatises, KF697.F6 R36 2007
2006 Supplement CD in Law Media, KF697.F6 R36 2007

"Sufficiency of Manner and Timeliness of Redemption of Real Estate Contract from Foreclosure."
66 American Jurisprudence Proof of Facts 3d 267 (Supp. 2008)
Law Core, KF8933.A42 1988.

Forms and Self-Help

Arizona Legal Forms: Debtor-Creditor.
By Catherine A. Creighton
KFA 2468.A75  (Supp. 2008).

Arizona Civil Remedies, section 8A"Real Property Foreclosures."
By Marilee Miller Clarke
KFA 2947.A955.

The Ins and Outs of Foreclosures
By Robert A. Yarnell
KFA 2530.5 .F6 Y37 2005 .

Selected Arizona Statutes

The foreclosure laws are in Title 33 of the Arizona Revised Statues, Annotated. Selected statutes are listed below.  The statutes are available in print in the law library in the following locations:

Arizona Reference Collection (1^st floor reading room)

Law Core (1^st floor reading room)

State Collection, Arizona section, KFA2430.5.M52 (3^rd floor)

Reserve Collection (available by asking access services staff at the main desk)

The statutes are also available without annotations online at the website of the Arizona Legislature,

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

Online Information

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.

Office of the Arizona Governor
The Arizona governor's office has a webpage with foreclosure resources available. It provides a checklist of items that can be done if faced with foreclosure.   

Arizona Attorney General Foreclosure help.
The Arizona Attorney General gives tips and information on how to avoid foreclosure. The site provides resources and information on free workshops on how to prevent foreclosure.

Arizona Foreclosure Prevention Task Force
The Arizona Foreclosure Prevention Task Force provides a "Foreclosure Prevention Workbook" for use by people faced with foreclosure. It provides information about the phases of foreclosure and knowing what to do during those phases.  The workbook discusses options that the homeowner has and ways to rebuild after foreclosure.

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

Department of Financial Institutions
Provides foreclosure help to citizens who are facing foreclosure or think they will.  Uses an easy to understand "Dos and Don'ts" format. Includes links to many services and agencies for help as well as contact information for the "Arizona Mortgage Help Line" and community legal services.  The editors of the website suggest checking the page often because information is added frequently.

Neighborhood Housing Services of Phoenix
NHSPhoenix 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.

Specific cities provide foreclosure information to homeowners at the following webpages:
City of Phoenix
City of Tucson
City of Peoria
City of Scottsdale

By Amy Levine, updated 04/28/2009,  friendly URL http://www.law.asu.edu/?id=1786