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Trustee Deed Upon Sale - Gila County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/13/2021
Trustee Deed Upon Sale Guide - Gila County
Line by line guide explaining every blank on the form.
Included document last updated 12/25/2020
Completed Example of the Trustee Deed Document - Gila County
Example of a properly completed form for reference.
Included document last updated 12/30/2020
*The Following Arizona and Gila County supplemental forms are included as a courtesy with your order.
Affidavit of Property Value Form
If money transfers from a real property conveyance, an "Affidavit of Property Value Form" is required. If no money is exchanged, an exemption code must be entered on the document. Exemption codes and line-by-line instructions are on page 2 of this form.
Affidavit of Property Value Instructions
Instructions for the Affidavit of Value Form.
Exemption Code Explanations
Explanation of all available exemptions from the affidavit of value requirements.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Arizona notaries.
Cover Page
If the prepared document does not provide the margins required by counties for the recording stamp, a cover page can be added.
Including:
Arizona Trustee's Deed Upon Sale
Arizona recognizes two types of foreclosure: judicial and non-judicial. A judicial foreclosure must go through Superior court (as is the case with mortgages), whereas a non-judicial closure is governed by state statutes (as is the case with deeds of trust).
The laws governing Arizona's trustee's deeds upon sale are included in Sections 33-800 et seq of the Arizona Revised Statutes. This instrument is used by a trustee to convey real property identified in a non-judicial foreclosure. Qualifications for trustees are outlined in A.R.S. 33-803.
Under a trust deed, the trustee holds title to the property as security for the repayment of a loan. The trust deed includes a power of sale, which defines the conditions that prompt a sale, and authorizes the trustee to sell the property ( 33-807). If the borrower (the trustor under the trust deed) defaults on the trust deed or breaches the contract, the lender (beneficiary) instructs the trustee to initiate the foreclosure process. The trustee, then, is responsible for the sale of the property upon foreclosure using the trustee's deed upon sale.
Before the property is sold at auction, the trustee must provide notice of the trustee's sale as prescribed by A.R.S. 33-808. Requirements for the contents of the notice of sale are enumerated in 303-808(C). The trustee's sale cannot take place before 91 days after recording the notice of sale in the county in which the trust property is located ( 33-807(D)).
The trustee executes and submits the trustee's deed to the county recorder for recording within seven business days after receiving payment of the price bid ( 33-811(B)). The trustee's deed conveys the title, interest, and claim to the purchaser. Issued without warranty, a trustee's deed does not guarantee good standing of title and is subject to any liens that might appear on the title ( 33-811(E)).
Pursuant to A.R.S. 33-2211, a trustee's deed upon sale is also used in the foreclosure of timeshare estates, unless the timeshare instrument expressly mandates that judicial foreclosure is the sole method of foreclosure ( 33-2211(K)). In the case of a timeshare foreclosure, the beneficiary is the association or other managing entity, and the trustor is the specific owner who is delinquent in payment of assessments for the timeshare estate for a period of at least one year ( 33-2211(A)). If the delinquencies are not cured within thirty days of the association's issuance of a notice of delinquency, the association can then initiate the foreclosure process pursuant to 33-803.01 et seq ( 33-2211(F)).
Get your Gila County Trustee Deed Foreclosure form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Gila County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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