Ariz. Rev. Stat. » Title 33
Arizona Revised Statutes

Ariz. Rev. Stat. § 33-721 (2026)

Foreclosure of mortgage by court action

✓ current as of May 2026
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Mortgages of real property and deeds of trust of a type not included in the definition of deed of trust provided in section 33-801, notwithstanding any other provision in the mortgage or deed, shall be foreclosed by action in a court.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1957–2025 · leading case: Steinberger v. McVey, 318 P.3d 419 (Ariz. Ct. App. 2014).
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Steinberger v. McVey, 318 P.3d 419 (Ariz. Ct. App. 2014). · cites it 2× “A.R.S. § 33-721. . MERS is an electronic registration system created by the banking industry to streamline the transfer, sale and assignment of home loans.”
Wells Fargo Credit Corp. v. Tolliver, 903 P.2d 1101 (Ariz. Ct. App. 1995). · cites it 2× “See A.R.S. §§ 33-721 et seq. and 33-801 et seq.”
Merryweather v. Pendleton, 367 P.2d 251 (Ariz. 1962). · cites it 4× “Should first party fail to exercise said option within one (1) year from date hereof, the same shall thereupon expire and be of no further force or effect." [1] This is the earliest recorded case where the law court stated that the Chancellor would give relief.”
Lane Title & Trust Co. v. Brannan, 440 P.2d 105 (Ariz. 1968). · cites it 2× “Finally, in Arizona under A.R.S. § 33-721, subsec. A a mortgage can only be foreclosed by court action, with a definite redemption period.”
N. Arizona Props. v. Pinetop Props. Grp., 725 P.2d 501 (Ariz. Ct. App. 1986). · cites it 2× “§ 33-814(C), the beneficiary of the deed of trust is authorized to foreclose the deed “in the same manner as a real property mortgage” and when that election is made, the provisions *13 relating to mortgage foreclosure (A.R.S. § 33-721, et seq.) are applicable.”
Universal Inv. Co. v. Sahara Motor Inn, Inc., 619 P.2d 485 (Ariz. Ct. App. 1980). “In an action for foreclosure the provisions of § 33-721, et seq., are applicable. See § 33-814(C).”
Mason v. Cansino, 990 P.2d 666 (Ariz. Ct. App. 1999). · cites it 2× “If the property has been sold through the foreclosure of a mortgage, deed of trust or contract for conveyance of real property pursuant to [A.R.S. §§ 33-721 through 33-730], 2. If the property has been sold through a trustee’s sale under a deed of trust pursuant to [§§ 33-801…”
Harbel Oil Co. v. Steele, 318 P.2d 359 (Ariz. 1957). · cites it 2× “1939 (A.R.S. § 33-721), requires that mortgages of real property shall be foreclosed by action in court.”
First Phoenix Realty Investments v. Superior Court, 841 P.2d 1390 (Ariz. Ct. App. 1992). · cites it 2× “Because mortgages are foreclosed judicially, see A.R.S. § 33-721, a “pending action” exists.”
In Re Mocco, 176 B.R. 335 (Bankr. D.N.J. 1995). “Matter of Grosso involved an Arizona redemption statute A.R.S. §§ 33-721 et seq. and §§ 12-1621, et seq.”
Melni v. Custer, 781 P.2d 631 (Ariz. Ct. App. 1989). · cites it 2× “See A.R.S. §§ 33-721 et seq. CONCLUSION The trial court did not err in denying appellant’s for summary judgment.”
Long v. Corbet, 888 P.2d 1340 (Ariz. Ct. App. 1994). “section 33-721 et seq., applied. See Northern Ariz.”
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