Arizona Revised Statutes

Ariz. Rev. Stat. § 33-1571 (2026)

Real property loans; exercise of due on sale clauses; prohibition

✓ current as of May 2026
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Notwithstanding any provisions of title 6 to the contrary, as provided by the thrift institutions restructuring act, P.L. 97-320, section 341, subsection (c)(1)(A) the real property loans defined and described therein are regulated as follows:

1. From and after October 14, 1987, and not before, P.L. 97-320, section 341, subsection (b) applies to real property loans that were made or assumed, including transfers of liened property subject to real property loans, between July 8, 1971, and October 15, 1982, and that are secured by one to four family units utilized for residential purposes of two and one-half acres or less. Prior to October 15, 1987, upon a transfer of interest in such property, the interest rate on such loans shall not be increased by more than one-half of one per cent, and all other limitations provided in section 33-806.01 shall apply.

2. P.L. 97-320, section 341, applies in accordance with its terms to all real property loans other than those described in paragraph 1 of this section.

Notes of Decisions
Cited in 2 cases, 1984–1987 · leading case: Snow v. W. Sav. & Loan Ass'n, 730 P.2d 204 (Ariz. 1987).
Snow v. W. Sav. & Loan Ass'n, 730 P.2d 204 (Ariz. 1987). · cites it 2× “See A.R.S. § 33-1571 (Supp.1986); Scappaticci, supra; Note, The Gam Act: The Death Knell for Due-on-Sale Controversies in Arizona? 26 Ariz.”
Phillips v. Superior Court, 692 P.2d 1038 (Ariz. Ct. App. 1984). · cites it 11× “§ 17Olj — 3(c), quoted above, the Arizona legislature enacted A.R.S. § 33-1571 in 1983. This section provides: “Notwithstanding any provisions of title 6 to the contrary, as provided by the Thrift Institutions Restructuring Act, P.”
— Ariz. Rev. Stat. § 33-1571(1) — 1 case
Phillips v. Superior Court, 692 P.2d 1038 (Ariz. Ct. App. 1984). “§ 17Olj — 3(c), quoted above, the Arizona legislature enacted A.R.S. § 33-1571 in 1983. This section provides: “Notwithstanding any provisions of title 6 to the contrary, as provided by the Thrift Institutions Restructuring Act, P.”
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