Legal Question in Real Estate Law in Arizona

no notice fo foreclosure from bank

i recently found out that my home is in foreclosure and due to be sold in january. i received no notification from the bank stating that the foreclosure process had begun. the only way i discovered this was because the trustee company left a map of the neighborhood on my door with notice on the front. it is not a legal documentation from what i can see. since arizona law states that the lender must advise the homeowner that foreclosure is being started by certified mail can i have the foreclosure stopped or at least postponed since i recieved no notification?


Asked on 12/03/06, 12:57 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: no notice fo foreclosure from bank

There are three ways to postpone the foreclosure:

1. File bankruptcy

2. Get a court order, on the grounds that notice was improper

3. Convince the trustee to postpone the sale.

Good luck with number three --- extremely rare they will agree voluntarily to do anything. Number two is difficult, you have the burden of proof and it will cost you to get the order.

My guess is that they will say they mailed the notices but that you did not pick up the letter, since you were not home when the postman came he left a notice on the door. Check with the post office nearest you.

See an attorney immediately. This is related to real estate, certainly, but is more in the line of attorneys who specialize in consumer law, bankruptcy or insolvency problems. You are welcome to speak with me regarding your situation at no charge: 480.835.1500. I can refer you to people who may be able to help you.

Best regards.

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Answered on 12/03/06, 6:45 pm


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