A judgment creditor other than a mortgagee or beneficiary under a trust deed may elect to sell by judicial sale as specified in title 12 the property in which the judgment debtor has a homestead under section 33-1101, subsection A, provided that the judgment debtor's interest in the property shall exceed the sum of the judgment debtor's homestead plus the amount of any consensual liens on the property having priority to the judgment. A bid shall not be accepted by the officer in charge of a sale under this section which does not exceed the amount of the judgment debtor's homestead plus the amount of any consensual liens on the property having a priority to the judgment plus the costs of the sale allowable under title 12. After receipt of a sufficient bid, the officer shall sell the property. From the proceeds, the officer shall first pay the amount of the homestead to the judgment debtor plus the amount of any consensual liens on the property having a priority to the judgment and then pay the costs of the sale. The remaining proceeds shall be applied in accordance with the provisions of section 12-1562, subsection A. If the sale does not occur, either because of voluntary abandonment by the judgment creditor or because no sufficient bid is made, the judgment creditor may not charge any costs or attorney fees incurred in connection with the sale against the judgment debtor by addition to the judgment or otherwise.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1983–2022 · leading case: Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983).
Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). · cites it 29דThe issue in this appeal is whether a judgment lienholder may foreclose against homestead property without following the appraisal procedure enumerated in A.R.S. § 33-1105. In 1979, Wilbur Evans filed a complaint alleging that he held by assignment several recorded judgments…”
Pac. W. Bank v. Castleton, 434 P.3d 1187 (Ariz. Ct. App. 2018). · cites it 14דJust as before the amendments, "[a] judgment creditor who suspects there is excess equity in a debtor's homestead can still protect itself by forcing an execution sale under A.R.S. § 33-1105." Id. at 755 . ¶14 Under these authorities, § 33-1103(A)(4) enables a creditor to…”
Grand Real Est., Inc. v. Sirignano, 676 P.2d 642 (Ariz. Ct. App. 1983). · cites it 6דThe issue presented to the court in Evans was whether a judgment lienholder may foreclose against homestead property without following the appraisal procedure enumerated in A.R.S. § 33-1105. In addressing that issue, the court discussed the relationship between the judgment lien…”
Grand Real Est., Inc. v. Sirignano, 676 P.2d 642 (Ariz. Ct. App. 1983). · cites it 6דThe issue presented to the court in Evans was whether a judgment lienholder may foreclose against homestead property without following the appraisal procedure enumerated in A.R.S. § 33-1105. In addressing that issue, the court discussed the relationship between the judgment lien…”
In Re: Todd McLauchlan, 502 P.3d 975 (Ariz. 2022). · cites it 2דThe court acknowledged that “§ 33-1103(A)(4) enables a creditor to satisfy a judgment from property that is subject to a homestead,” but “only by following the forced sale procedure in § 33-1105.” Id. ¶ 14. 5 IN RE: TODD MICHAEL MCLAUCHLAN Opinion of the Court ¶17 We perceive no…”
monroe/pirtle v. Gagan (Ariz. Ct. App. 2015). · cites it 4דFrom the proceeds, the officer shall first pay the amount of the homestead to the judgment debtor plus the amount of any consensual liens on the property having a priority to the judgment and then pay the costs of the sale. Nowhere does the statute suggest that homestead…”
Stange v. Johns, Jr. (Ariz. Ct. App. 2019). · cites it 2דUnder A.R.S. § 33-1105 (2018), “A bid shall not be accepted by the officer in charge of a sale .”
— Ariz. Rev. Stat. § 33-1105(A) — 1 case
Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). “The issue in this appeal is whether a judgment lienholder may foreclose against homestead property without following the appraisal procedure enumerated in A.R.S. § 33-1105. In 1979, Wilbur Evans filed a complaint alleging that he held by assignment several recorded judgments…”
— Ariz. Rev. Stat. § 33-1105(B) — 1 case
Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). “The issue in this appeal is whether a judgment lienholder may foreclose against homestead property without following the appraisal procedure enumerated in A.R.S. § 33-1105. In 1979, Wilbur Evans filed a complaint alleging that he held by assignment several recorded judgments…”
— Ariz. Rev. Stat. § 33-1105(D) — 1 case
Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). “The issue in this appeal is whether a judgment lienholder may foreclose against homestead property without following the appraisal procedure enumerated in A.R.S. § 33-1105. In 1979, Wilbur Evans filed a complaint alleging that he held by assignment several recorded judgments…”
— Ariz. Rev. Stat. § 33-1105(E) — 1 case
Evans v. Young, 661 P.2d 1148 (Ariz. Ct. App. 1983). “The issue in this appeal is whether a judgment lienholder may foreclose against homestead property without following the appraisal procedure enumerated in A.R.S. § 33-1105. In 1979, Wilbur Evans filed a complaint alleging that he held by assignment several recorded judgments…”
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