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Old 06-01-2008, 03:45 PM   #2 (permalink)
Moe Bedard
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Re: They are giving me the runaround

Hi Joshua,

Welcome to the forum and thank you for joining..............

actually Arizona does both:


Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".


Arizona Foreclosure Law


There are only a few members dealing with Short Sales on the forum..........but they are working with agents that are well versed in short sales and attorneys that take care of short sales.............

Things go alot more smoothly when you have someone experienced with them to negotiate on your behalf........
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