A. By virtue of his position, a power of sale is conferred upon the trustee of a trust deed under which the trust property may be sold, in the manner provided in this chapter, after a breach or default in performance of the contract or contracts, for which the trust property is conveyed as security, or a breach or default of the trust deed. At the option of the beneficiary, a trust deed may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property in which event chapter 6 of this title governs the proceedings. The beneficiary or trustee shall constitute the proper and complete party plaintiff in any action to foreclose a deed of trust. The power of sale may be exercised by the trustee without express provision therefor in the trust deed.
B. The trustee or beneficiary may file and maintain an action to foreclose a deed of trust at any time before the trust property has been sold under the power of sale. A sale of trust property under the power of sale shall not be held after an action to foreclose the deed of trust has been filed unless the foreclosure action has been dismissed.
C. The trustee or beneficiary may file an action for the appointment of a receiver according to sections 12-1241 and 33-702. The right to appointment of a receiver shall be independent of and may precede the exercise of any other right or remedy.
D. The power of sale of trust property conferred upon the trustee shall not be exercised before the ninety-first day after the date of the recording of the notice of the sale. The sale shall not be set for a Saturday or legal holiday. The trustee may schedule more than one sale for the same date, time and place.
E. The trustee need only be joined as a party in legal actions pertaining to a breach of the trustee's obligation under this chapter or under the deed of trust. Any order of the court entered against the beneficiary is binding upon the trustee with respect to any actions that the trustee is authorized to take by the trust deed or by this chapter. If the trustee is joined as a party in any other action, the trustee is entitled to be immediately dismissed and to recover costs and reasonable attorney fees from the person joining the trustee.
Notes of Decisions
Snyder v. HSBC Bank, USA, N.A., 873 F. Supp. 2d 1139 (D. Ariz. 2012).
· cites it 22× ““When parties execute a deed of trust and the debtor thereafter defaults, A.R.S. § 33-807 empowers the trustee to sell the real property securing the underlying note through a non-judicial sale.”
Steinberger v. McVey, 318 P.3d 419 (Ariz. Ct. App. 2014).
· cites it 6× ““When parties execute a deed of trust and the debt- or thereafter defaults, AR.S. § 33-807 empowers the trustee to sell the real property securing the underlying note through a nonjudicial sale.”
Puzz v. Chase Home Fin., LLC, 763 F. Supp. 2d 1116 (D. Ariz. 2011).
· cites it 24× “Settlement nevertheless has not occurred because the Bosco Defendants have declined Plaintiffs “walk away” proposal and do not wish to drop their request for the reimbursement and attorneys’ fees and costs under A.R.S. § 33-807(E). Plaintiff asserts that the Bosco Defendants…”
Hogan v. Washington Mut. Bank, N.A., 277 P.3d 781 (Ariz. 2012).
· cites it 6× “When parties execute a deed of trust and the debt- or thereafter defaults, A.R.S. § 33-807 empowers the trustee to sell the real property securing the underlying note through a non *586 judicial sale.”
Mid Kansas Fed. Sav. & Loan Ass'n of Wichita v. Dynamic Dev. Corp., 804 P.2d 1310 (Ariz. 1991).
· cites it 8× “§ 33-729(A) applies to purchase *126 money mortgages and purchase money deeds of trust foreclosed judicially pursuant to the authority of A.R.S. § 33-807(A). A.R.S. § 33-814(G) applies to deeds of trust that are foreclosed by trustee's sale, regardless of whether they represent…”
Baker v. Gardner, 770 P.2d 766 (Ariz. 1989).
· cites it 8× “ICA noticed a trustee's sale, as A.R.S. §§ 33-807 and 33-808 permit. Before the sale, the Bakers brought this action to recover the unpaid balance of the promissory note.”
Stauffer v. Premier Serv. Mortg., LLC, 382 P.3d 790 (Ariz. Ct. App. 2016).
· cites it 4× “§ 33-807(E); the Stauffers did not timely respond to First American’s motion, The trial court granted both motions, and entered under Rule 54(b) a final judgment of dismissing all claims against U.S, Bank and First American. ¶ 7 The Stauffers timely appealed; 3 we have…”
Chaparral Dev. v. RMED Int'l, Inc., 823 P.2d 1317 (Ariz. Ct. App. 1991).
· cites it 4× “For example, under A.R.S. § 33-807, the trustee can be the plaintiff in a foreclosure action.”
BMO Harris Bank, N.A. v. Wildwood Creek Ranch, LLC, 340 P.3d 1071 (Ariz. 2015).
· cites it 2× “A.R.S. § 33-807. Once trust property is sold at a trustee’s sale, the statutes limit the lender’s ability to recover a deficiency judgment against the borrower.”
In Re Krohn, 52 P.3d 774 (Ariz. 2002).
· cites it 2× “" A.R.S. § 33-807(A). ¶ 9 The deed of trust scheme is a creature of statutes [1] that do not contain explicit provisions for courts to set aside non-judicial sales based on the price realized at the sale, and no policy for such action has yet evolved with these sales as there…”
Brant v. Hargrove, 632 P.2d 978 (Ariz. Ct. App. 1981).
· cites it 4× “A.R.S. § 33-807 A. We also note that the bare legal title held by the trustee is very tenuous, and may at any time prior to sale be terminated by unilateral action of the beneficiary.”
— Ariz. Rev. Stat. § 33-807(A) — 24 cases
Mid Kansas Fed. Sav. & Loan Ass'n of Wichita v. Dynamic Dev. Corp., 804 P.2d 1310 (Ariz. 1991).
“§ 33-729(A) applies to purchase *126 money mortgages and purchase money deeds of trust foreclosed judicially pursuant to the authority of A.R.S. § 33-807(A). A.R.S. § 33-814(G) applies to deeds of trust that are foreclosed by trustee's sale, regardless of whether they represent…”
Steinberger v. McVey, 318 P.3d 419 (Ariz. Ct. App. 2014).
““When parties execute a deed of trust and the debt- or thereafter defaults, AR.S. § 33-807 empowers the trustee to sell the real property securing the underlying note through a nonjudicial sale.”
Baker v. Gardner, 770 P.2d 766 (Ariz. 1989).
“ICA noticed a trustee's sale, as A.R.S. §§ 33-807 and 33-808 permit. Before the sale, the Bakers brought this action to recover the unpaid balance of the promissory note.”
Hogan v. Washington Mut. Bank, N.A., 277 P.3d 781 (Ariz. 2012).
“When parties execute a deed of trust and the debt- or thereafter defaults, A.R.S. § 33-807 empowers the trustee to sell the real property securing the underlying note through a non *586 judicial sale.”
In Re Krohn, 52 P.3d 774 (Ariz. 2002).
“" A.R.S. § 33-807(A). ¶ 9 The deed of trust scheme is a creature of statutes [1] that do not contain explicit provisions for courts to set aside non-judicial sales based on the price realized at the sale, and no policy for such action has yet evolved with these sales as there…”
— Ariz. Rev. Stat. § 33-807(B) — 2 cases
— Ariz. Rev. Stat. § 33-807(C) — 2 cases
— Ariz. Rev. Stat. § 33-807(D) — 3 cases
— Ariz. Rev. Stat. § 33-807(E) — 14 cases
Snyder v. HSBC Bank, USA, N.A., 873 F. Supp. 2d 1139 (D. Ariz. 2012).
““When parties execute a deed of trust and the debtor thereafter defaults, A.R.S. § 33-807 empowers the trustee to sell the real property securing the underlying note through a non-judicial sale.”
Puzz v. Chase Home Fin., LLC, 763 F. Supp. 2d 1116 (D. Ariz. 2011).
“Settlement nevertheless has not occurred because the Bosco Defendants have declined Plaintiffs “walk away” proposal and do not wish to drop their request for the reimbursement and attorneys’ fees and costs under A.R.S. § 33-807(E). Plaintiff asserts that the Bosco Defendants…”
Stauffer v. Premier Serv. Mortg., LLC, 382 P.3d 790 (Ariz. Ct. App. 2016).
“§ 33-807(E); the Stauffers did not timely respond to First American’s motion, The trial court granted both motions, and entered under Rule 54(b) a final judgment of dismissing all claims against U.S, Bank and First American. ¶ 7 The Stauffers timely appealed; 3 we have…”
— Ariz. Rev. Stat. § 33-807(E)(2007) — 1 case
Puzz v. Chase Home Fin., LLC, 763 F. Supp. 2d 1116 (D. Ariz. 2011).
“Settlement nevertheless has not occurred because the Bosco Defendants have declined Plaintiffs “walk away” proposal and do not wish to drop their request for the reimbursement and attorneys’ fees and costs under A.R.S. § 33-807(E). Plaintiff asserts that the Bosco Defendants…”
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