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

Ariz. Rev. Stat. § 33-806 (2026)

Transfers in trust of real property; uses

✓ current as of May 2026
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A. Transfers of trust property may be made to secure the performance of a contract or contracts of the trustor or any other person.  An interest in the trust property acquired by the trustor subsequent to the execution of the trust deed shall inure to the trustee as security for the contract or contracts for which the trust property is conveyed as if the interest or claim had been acquired before execution of the trust deed.

B. The trustee or beneficiary shall have a right to maintain an action against any person, including the trustor, for a claim for relief where damage or injury occurs or may occur to the trust property or interests therein, including but not limited to actions for damages or to prevent:

1. Physical abuse to or destruction of the trust property, or any portion thereof.

2. Waste.

3. Impairment of the security provided by the trust deed. In any such action the trustee or beneficiary, or both, shall also be entitled to recover costs and reasonable attorney's fees and shall be entitled to all remedies available. Recovery of damages under this section shall be limited to damages or injuries incurred during the time the trustor is in possession or control of the trust property. The provisions of section 33-814 shall in no manner restrict or limit the provisions of this section.

Notes of Decisions
Cited in 11 cases, 1981–2019 · leading case: Repub. Nat. Bank of Ny v. Pima Cnty., 25 P.3d 1 (Ariz. Ct. App. 2001).
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Repub. Nat. Bank of Ny v. Pima Cnty., 25 P.3d 1 (Ariz. Ct. App. 2001). · cites it 8× “Republic claimed that both the Lynch Group and Pima County had negligently damaged lot 260, were strict *202 ly liable for altering the natural drainage of the Craycroft Wash, and had committed waste under A.R.S. § 33-806(B). Additionally, Republic asserted claims solely against…”
333 West Thomas Med. Bldg. Enter. v. Soetantyo, 976 F. Supp. 1298 (D. Ariz. 1997). · cites it 8× “Ariz. Rev. Stat. Ann. § 33-806 (1990). Section 33-806 further provides that its provisions are not limited or restricted by the provisions of section 33-814.”
Transamerica Fin. Servs., Inc. v. Lafferty, 856 P.2d 1188 (Ariz. Ct. App. 1993). · cites it 8× “Revival of Transamerica’s Lien Transamerica argues that even if the sale of the Guerreros’ property was valid and its junior lien was extinguished by that sale, the reacquisition of the property by the Guerreros, the trustors, revived its lien under A.R.S. § 33-806(A). That…”
Brant v. Hargrove, 632 P.2d 978 (Ariz. Ct. App. 1981). · cites it 4× “The appellees do not concede that the signature was not genuine, or if not genuine, that it was unauthorized. 2 . The record concerning the joint tenancy is presented in more detail in our subsequent discussion of appellants’ usury defense.”
Beck v. Deem, 224 P.3d 938 (Ariz. Ct. App. 2010). · cites it 4× “Thus, because there is no evidence that Appellee caused damage to the property, Appellants’ security interest was not impaired and they are not entitled to recover attorneys’ fees and costs under § 33-806. CONCLUSION ¶25 For the foregoing reasons, we hold the trial court erred…”
Hatch Companies Contracting, Inc. v. Arizona Bank, 826 P.2d 1179 (Ariz. Ct. App. 1991). · cites it 2× “The Bank contends that since it is *556 the beneficiary under a deed of trust, pursuant to A.R.S. § 33-806(B), it has the right to maintain an action against any person or entity where damages or injury occurs or may occur to the trust property or interest therein.”
In Re Est. of Olson, 224 P.3d 938 (Ariz. Ct. App. 2010). · cites it 4× “Thus, because there is no evidence that Appellee caused damage to the property, Appellants' security interest was not impaired and they are not entitled to recover attorneys' fees and costs under § 33-806. CONCLUSION ¶ 25 For the foregoing reasons, we hold the trial court erred…”
Bt Capital, LLC v. Td Serv. Co., 265 P.3d 370 (Ariz. Ct. App. 2011). · cites it 2× “A.R.S. § 33-806(B). A trustee can also file an action to appoint a receiver and it can file an action to foreclose on the deed of trust.”
Phillips v. Superior Court, 692 P.2d 1038 (Ariz. Ct. App. 1984). “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 § 33-806,01 shall apply. 2. P.L. 97-320, section 341 [12 U.”
Wheeler v. Deutsche Bank (Ariz. Ct. App. 2019). · cites it 2× “WOOD • Clerk of the Court FILED: AA 5 Wheeler also argues the trial court erred in awarding fees under A.R.S. § 33-806. Because the record reflects fees were awarded only under A.”
In re Murin, 283 B.R. 588 (Bankr. D. Ariz. 2002). “Murin's first bankruptcy case was dismissed for failure to comply with the standing Chapter 13 procedure order entered by the court.”
— Ariz. Rev. Stat. § 33-806(A) — 2 cases
Transamerica Fin. Servs., Inc. v. Lafferty, 856 P.2d 1188 (Ariz. Ct. App. 1993). “Revival of Transamerica’s Lien Transamerica argues that even if the sale of the Guerreros’ property was valid and its junior lien was extinguished by that sale, the reacquisition of the property by the Guerreros, the trustors, revived its lien under A.R.S. § 33-806(A). That…”
In re Murin, 283 B.R. 588 (Bankr. D. Ariz. 2002). “Murin's first bankruptcy case was dismissed for failure to comply with the standing Chapter 13 procedure order entered by the court.”
— Ariz. Rev. Stat. § 33-806(B) — 5 cases
Repub. Nat. Bank of Ny v. Pima Cnty., 25 P.3d 1 (Ariz. Ct. App. 2001). “Republic claimed that both the Lynch Group and Pima County had negligently damaged lot 260, were strict *202 ly liable for altering the natural drainage of the Craycroft Wash, and had committed waste under A.R.S. § 33-806(B). Additionally, Republic asserted claims solely against…”
Hatch Companies Contracting, Inc. v. Arizona Bank, 826 P.2d 1179 (Ariz. Ct. App. 1991). “The Bank contends that since it is *556 the beneficiary under a deed of trust, pursuant to A.R.S. § 33-806(B), it has the right to maintain an action against any person or entity where damages or injury occurs or may occur to the trust property or interest therein.”
Beck v. Deem, 224 P.3d 938 (Ariz. Ct. App. 2010). “Thus, because there is no evidence that Appellee caused damage to the property, Appellants’ security interest was not impaired and they are not entitled to recover attorneys’ fees and costs under § 33-806. CONCLUSION ¶25 For the foregoing reasons, we hold the trial court erred…”
In Re Est. of Olson, 224 P.3d 938 (Ariz. Ct. App. 2010). “Thus, because there is no evidence that Appellee caused damage to the property, Appellants' security interest was not impaired and they are not entitled to recover attorneys' fees and costs under § 33-806. CONCLUSION ¶ 25 For the foregoing reasons, we hold the trial court erred…”
Bt Capital, LLC v. Td Serv. Co., 265 P.3d 370 (Ariz. Ct. App. 2011). “A.R.S. § 33-806(B). A trustee can also file an action to appoint a receiver and it can file an action to foreclose on the deed of trust.”
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