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 items in the Ross Blakley Law Library.

 

Primary Sources

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 as well as electronically through LexisNexis Academic, Westlaw Patron Access, and 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

Arizona Cases

West’s Arizona Digest 2d. Volume 18 covers Mortgages and has applicable cases regarding foreclosure.  Be sure to check the pocket part to find the most recent cases.  KFA2457 .A7 1991

Arizona Cases Online

LexisNexis Academic: For visitors in the library, LexisNexis Academic is available on the computers inside the reading room.  For additional assistance with searching cases on LexisNexis Academic, please consult a law librarian. 

WestlawNext Patron Access: For visitors in the library, LexisNexis Academic is available on the computers inside the reading room.  For additional assistance with searching cases on LexisNexis Academic, please consult a law librarian.

 

Secondary Sources



Treatises

Arizona Foreclosure:  What You Need to Know Now
by Jodine Mayberry, Ed.
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.  
KFA2530.5 .F6 A74 2009 

The Ins and Outs of Foreclosures
By Kent E. Cammack 
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. 

These forms are also available on Loislaw for visitors in the library on the computers inside the reading room.  For additional assistance with accessing this book on Loislaw, please consult a law librarian.
KFA2530.A75 I52 2010

Arizona Foreclosure Defense and Workout Strategies
by Clint W. Smith and Marc D. McCain
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.
KFA2350.5 F6 S64 2009

The Foreclosure Survival Guide: Keep your House or Walk Away with Money in your Pocket
by Stephen Elias
This Nolo Press guide is designed especially for consumers and the general public.  It provides practical step-by-step information on how to handle foreclosures and how to evaluate whether or not to stay in your home.  It also provides information on filing for bankruptcy. This resource provides only general information, however, and is not specifically tailored for Arizona.
KF697.F6 E43 2008

Real Estate Finance in a Nutshell
by Jon W. Bruce
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.
KF695.Z9 B78 2009

Real Estate Transactions: Examples and Explanations
By Barlow Burke
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.
KF665 .B87 2006 

Repossessions
By Carolyn L. Carter; contributing authors, Jonathan Sheldon, John Rao
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. 
KF1058 .S54 2005 

Restatement (Third) of Property (Mortgages) §8
"Foreclosure", American Law Institute (ALI)
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.

This Restatement is also available on HeinOnline for visitors in the library on the computers inside the reading room.  For additional assistance with searching restatements on HeinOnline, please consult a law librarian. 
KF395.A2 P738 1997

Foreclosures: Defenses, Workouts, and Mortgage Servicing
By John Rao
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. 
KF697.F6 R36 2007

AmJur Proof of Facts 
There are several different articles in the American Jurisprudence Proof of Facts series that address foreclosures. The best way to locate the relevant articles is to look up foreclosure in the General Index volume of the set. The General Index lists multiple articles regarding foreclosures that may be of assistance to the general practitioner. 
KF8933 .A42 1988


Forms & Self-Help

Arizona Legal Forms: Debtor-Creditor
By Catherine A. Creighton
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.

These forms are also available on WestlawNext for visitors in the library on the computers inside the reading room.  For additional assistance with accessing this book on WestlawNext, please consult a law librarian.
KFA 2468.A75 (Supp. 2008)

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

These forms are also available on Loislaw for visitors in the library on the computers inside the reading room.  For additional assistance with accessing this book on Loislaw, please consult a law librarian.
KFA 2947.A955


Research Databases

Legal Trac: Remote access is available for law faculty and students via the recommended databases section of the Legal Research tab on the law library's home page.  For visitors in the library, access is available on the computers inside the reading room. By searching for “foreclosure,” the user will be able to access numerous law journal articles and other news sources concerning foreclosure laws across the nation. This resource may be very useful for the practitioner or student who is doing scholarly research.

BNA: Real Estate Law and Industry Report:  Remote access is available for law faculty and students via the recommended databases section of the Legal Research tab on the law library's home page.  For visitors in the library, access is available on the computers inside the reading room.  This resource provides daily information and news about a wide range of issues pertaining to real estate, including bankruptcy and foreclosure information.


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 Foreclosure help.
The Mortgage Settlements & Foreclosure Resources website of the Arizona Attorney General’s Office offers information on how to avoid foreclosure. The site also provides
links to other resources geared toward foreclosure prevention.

The Arizona Foreclosure Prevention Task Force -- Arizona Foreclosure Information Workbook
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. The workbook is also available in Spanish.

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.

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:

NOLO
NOLO is a free legal resource specifically designed for individuals looking for self-help with different legal concerns. This website contains useful information about the foreclosure process, ways to avoid foreclosure, and other possible alternatives to foreclosure as well. 

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
Making Home Affordable is a key part of the Obama Administration's effort to help homeowners avoid foreclosure. 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. 
 

Updated 1/2014

  

JOHN J. ROSS - WILLIAM C. BLAKLEY LAW LIBRARY
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