What is a judicial foreclosure in Arizona?
While most foreclosures in Arizona happen through a nonjudicial trustee’s sale, some cases go through the courts instead. This is called a judicial foreclosure.
In a judicial foreclosure, the lender files a lawsuit, and a judge oversees the case. It’s less common in Arizona, but homeowners should understand when it applies and what rights they have.
Click here to talk to Hope — our AI foreclosure assistant is available 24/7 to explain both judicial and nonjudicial processes in plain language.
When does judicial foreclosure happen?
Judicial foreclosure is usually used when:
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A mortgage doesn’t have a power of sale clause (rare in Arizona).
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A second mortgage or HELOC lender decides to sue.
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HOAs pursue foreclosure for unpaid fees.
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The lender chooses a court process for legal strategy.
How the process works
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Lawsuit filed: The lender files a complaint in court.
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Summons and complaint: You receive notice and must respond within a set timeframe.
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Court hearings: The judge reviews evidence and arguments.
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Judgment: If the lender wins, the court issues a judgment of foreclosure.
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Sale ordered: The property is sold at a sheriff’s sale (similar to an auction).
Key differences from trustee’s sales
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Slower timeline: Judicial foreclosure usually takes months or longer, compared to about 90 days for a trustee’s sale.
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Court involvement: A judge must approve the foreclosure.
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Deficiency judgments: Courts can sometimes allow lenders to pursue additional debt after the sale (depending on the loan type).
Your rights during judicial foreclosure
Even in court, you have rights as a homeowner:
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The right to receive notice of the lawsuit
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The right to respond and defend yourself
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The right to explore alternatives like loan modification, repayment, or selling before the judgment
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The right to claim surplus funds if the home sells for more than what you owe
Proof from Arizona homeowners
“I didn’t understand the difference between judicial and nonjudicial foreclosure. The Offer Company broke it down clearly and helped me avoid panic.”
— Angela P., Tempe
Why trust The Offer Company
We help Arizona families understand both foreclosure paths. While judicial foreclosure is less common, our team and Hope, our AI assistant, explain your rights and options clearly — so you always know where you stand.
Learn more and take action today
For a legal overview, visit the Arizona Courts Self-Service Center.
Then, talk to The Offer Company about your options to protect your equity and credit during any type of foreclosure.
Click here to talk to Hope today — and get plain-language answers about judicial foreclosure in Arizona.
