Ariz. Rev. Stat. § 12-1281

Parties entitled to redeem property

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Property sold subject to redemption, or any part sold separately, may be redeemed by the following persons or their successors in interest:

1. The judgment debtor or his successor in interest in the whole or any part of the property.

2. A creditor having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1967–2026 · leading case: Byers v. Wik
Byers v. Wik (1991) arizctapp · cites it 6× “) whether a third party to whom a judgment debtor has transferred real property subject to a judgment lien has a due process right to actual *217 notice of a sheriffs sale of the property, where the third party’s identity and address are easily ascertainable from the public…”
Gold v. HELVETICA SERVICING, INC. (2012) arizctapp · cites it 4× “Under AR.S. § 12-1281, a judgment debtor or a successor in interest may redeem a foreclosed property sold at a sheriffs sale.”
Wells v. Valley National Bank of Arizona (1973) ariz · cites it 4× “Furthermore, by holding the in rem proceeding valid, while based upon defective notice, the appellant Wells might be denied her right of redemption under A.R.S. §§ 12-1281 (1956) and 12-1282, as amended.”
First Interstate Bank of Arizona, N.A. v. Tatum & Bell Center Associates (1991) arizctapp · cites it 2× “2d 360, 363 (1985) (finding that the legislature’s purpose in enacting our redemption statutes, A.R.S. §§ 12-1281 to -1289, was to discourage bids that did not reflect the true value of the property).”
Perry v. Safety Federal Savings & Loan Ass'n of Kansas City (1976) arizctapp · cites it 2× “Perrys argue that the right of redemption as set out in § 12-1281, A.R.S. is purely a personal right that can be transferred without complying with real property transfer statutes.”
Patton v. First Federal Savings & Loan Ass'n of Phoenix (1978) ariz · cites it 2× “§ 33-726 and A.R.S. § 12-1281 et seq. A mortgage generally may be foreclosed only by filing a civil action while, under a Deed of Trust, the trustee holds a power of sale permitting him to sell the property out of court with no necessity of judicial action.”
Knight v. DeMarcus (1967) ariz · cites it 2× “A.R.S. §§ 12-1281 to 12-1289. Again, defendant neglected to use the appropriate remedy.”
Patton v. FIRST FED. SAV. & LOAN ASS'N, ETC. (1978) ariz · cites it 2× “§ 33-726 and A.R.S. § 12-1281 et seq. A mortgage generally may be foreclosed only by filing a civil action while, under a Deed of Trust, the trustee holds a power of sale permitting him to sell the property out of court with no necessity of judicial action.”
Forty-Four Hundred East Broadway Co. v. 4400 East Broadway (1982) arizctapp · cites it 2× “Redemption after a foreclosure sale is governed by A.R.S. § 12-1281 et seq. which provides: “Property sold subject to redemption, or any part sold separately, may be redeemed by the following persons or their successors in interest: 1.”
Dupnik v. United States (1988) ca9 “See Ariz.Rev.Stat.Ann. § 12-1281 (1982). Section 12-1284 requires a subsequent lienholder to file a notice of intent to redeem “within the applicable period of redemption as provided in § 12-1282.”
United States v. Aldrich (1986) ca9 “A creditor having a lien by judgment or mortgage on the property sold____ Ariz.Rev.Stat. § 12-1281 (1982). The judgment debtor or his successor in interest may redeem at any time within six months after the date of sale.”
Bank of New York Mellon Trust Co. v. Arizona HOA Acceptance LLC (2016) arizctapp · cites it 13× “Both AR.S. § 12-1281 and AR.S. § 12-1283 relate to the same subject—redemption—but while A.”
— Ariz. Rev. Stat. § 12-1281(2) — 1 case
Bank of New York Mellon Trust Co. v. Arizona HOA Acceptance LLC (2016) arizctapp “Both AR.S. § 12-1281 and AR.S. § 12-1283 relate to the same subject—redemption—but while A.”
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