A. When a mortgage or deed of trust is foreclosed, the court shall give judgment for the entire amount determined due, and shall direct the mortgaged property, or as much thereof as is necessary to satisfy the judgment, to be sold.
B. Judgments for the foreclosure of mortgages and other liens shall provide that the plaintiff recover his debt, damages and costs, with a foreclosure of the plaintiff's lien on the property subject to the lien, and, except in judgments against executors, administrators and guardians, that a special execution issue to the sheriff or any constable of the county where the property is located, directing him to seize and sell the property as under execution, in satisfaction of the judgment. If the property cannot be found, or if the proceeds of the sale are insufficient to satisfy the judgment, then if so ordered by the court the sheriff shall take the money or any balance thereof remaining unpaid out of any other property of the defendant except as provided in sections 33-729 and 33-730. All execution upon judgments for foreclosure of a mortgage or deed of trust upon real property shall comply with section 12-1566. Any sale of real property to satisfy a judgment under this section or section 33-814 shall be a credit on the judgment in the amount of either the fair market value of the real property or the sale price of the real property at sheriff's sale, whichever is greater, in accordance with section 12-1566.
C. If the debt for which the lien is held is not all due, as soon as enough of the property is sold to pay the amount due, with costs, the sale shall cease, and afterward as often as more becomes due for principal and interest, the court may, on motion, order more property sold. If the property cannot be sold in portions without injury to the parties, the whole may be ordered sold in the first instance and the entire debt and costs paid, allowing a rebate of interest where proper.
Notes of Decisions
Cited in
20
cases (
2 in the last 5 years), 1967–2022 · leading case:
Faber v. Althoff, 812 P.2d 1031 (Ariz. Ct. App. 1990).
Faber v. Althoff, 812 P.2d 1031 (Ariz. Ct. App. 1990).
· cites it 14× “Foreclosure Law and the Gleeson Decision As a preliminary matter, we note that the parties dispute whether the 1986 amended version of A.R.S. § 33-725 applies to this case. Plaintiff argues that the statute in effect at the time the judgment was entered in the foreclosure suit…”
Stewart v. Underwood, 704 P.2d 275 (Ariz. Ct. App. 1985).
· cites it 4× “A.R.S. § 33-725(A) provides as follows: “When a mortgage or deed of trust is foreclosed, the court shall give judgment for the entire amount determined due, and shall direct the mortgage property, or as much thereof as is necessary to satisfy the judgment, to be sold.”
Csa 13-101 Loop, LLC v. Loop 101, LLC, 312 P.3d 1121 (Ariz. Ct. App. 2013).
· cites it 3× “¶ 23 The legislature also amended the analogous judicial foreclosure statutes, A.R.S. §§ 33-725 and -727, to include fair market value protections: All execution[s] upon judgments for foreclosure of a mortgage or deed of trust upon real property shall comply with section 12-1566.”
Darnell v. Denton, 669 P.2d 981 (Ariz. Ct. App. 1983).
· cites it 4× “The purpose of this statute is to grant relief by way of foreclosure and a personal judgment in one suit, thereby eliminating multiplicity of suits.”
Wells Fargo Credit Corp. v. Tolliver, 903 P.2d 1101 (Ariz. Ct. App. 1995).
· cites it 3× “The legislature has defined the scope of section 12-1566 as follows: A: This section applies to execution upon real property under a judgment obtained pursuant to § 33-725 or obtained pursuant to § 33-814 or obtained against a guarantor or any other person directly or indirectly…”
Davidson-Chudacoff/Kol-Pak of Arizona, Inc. v. Pioneer Hotel Co., 630 P.2d 550 (Ariz. Ct. App. 1981).
· cites it 12× “Timely appeal was taken by D/C from both of these orders. We turn first to a determination of whether Pioneer’s assertion that no deficiency judgment existed is correct, for if so, obviously the trial court’s ruling dismissing the writ of garnishment against Monsanto can be…”
Walker v. Davies, 550 P.2d 230 (Ariz. 1976).
· cites it 2× “A.R.S. § 33-725(B) inter alia provides : “Judgments for the foreclosure of mortgages and other liens shall provide that the plaintiff recover his debt, damages, and costs, with a foreclosure of the plaintiff’s lien, on the property subject to the lien, and, * * * that a special…”
Nat'l Bank v. Schwartz, 283 P.3d 41 (Ariz. Ct. App. 2012).
“Section 33-725(A), judgment of foreclosure, states that “[w]hen a mortgage or deed of trust is foreclosed, the court shall give judgment for the entire amount determined due, and shall direct the mortgaged property, or as much thereof as is necessary to satisfy the judgment, to…”
Gold v. Helvetica Servicing, Inc., 275 P.3d 627 (Ariz. Ct. App. 2012).
· cites it 2× “¶ 25 Here, Helvetica brought a foreclosure complaint under § 33-725. The judgment entered in favor of Helvetica was not only against the marital community, but also against Michael and Kelly jointly and severally.”
M & I BANK, FSB v. Coughlin, 805 F. Supp. 2d 858 (D. Ariz. 2011).
“§ 33-725(A). Accordingly, whereas a non-judicial foreclosure under a trustee’s power of sale will lead to a court judgment only if the sale does not pay off the outstanding debt and the beneficiary brings a separate action for deficiency judgment, a judicial foreclosure requires…”
— Ariz. Rev. Stat. § 33-725(A) — 5 cases
Stewart v. Underwood, 704 P.2d 275 (Ariz. Ct. App. 1985).
“A.R.S. § 33-725(A) provides as follows: “When a mortgage or deed of trust is foreclosed, the court shall give judgment for the entire amount determined due, and shall direct the mortgage property, or as much thereof as is necessary to satisfy the judgment, to be sold.”
Darnell v. Denton, 669 P.2d 981 (Ariz. Ct. App. 1983).
“The purpose of this statute is to grant relief by way of foreclosure and a personal judgment in one suit, thereby eliminating multiplicity of suits.”
Nat'l Bank v. Schwartz, 283 P.3d 41 (Ariz. Ct. App. 2012).
“Section 33-725(A), judgment of foreclosure, states that “[w]hen a mortgage or deed of trust is foreclosed, the court shall give judgment for the entire amount determined due, and shall direct the mortgaged property, or as much thereof as is necessary to satisfy the judgment, to…”
M & I BANK, FSB v. Coughlin, 805 F. Supp. 2d 858 (D. Ariz. 2011).
“§ 33-725(A). Accordingly, whereas a non-judicial foreclosure under a trustee’s power of sale will lead to a court judgment only if the sale does not pay off the outstanding debt and the beneficiary brings a separate action for deficiency judgment, a judicial foreclosure requires…”
— Ariz. Rev. Stat. § 33-725(B) — 3 cases
Walker v. Davies, 550 P.2d 230 (Ariz. 1976).
“A.R.S. § 33-725(B) inter alia provides : “Judgments for the foreclosure of mortgages and other liens shall provide that the plaintiff recover his debt, damages, and costs, with a foreclosure of the plaintiff’s lien, on the property subject to the lien, and, * * * that a special…”
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