Arizona Revised Statutes

Ariz. Rev. Stat. § 33-808 (2026)

Notice of trustee's sale

✓ current as of May 2026

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A. The trustee shall give written notice of the time and place of sale legally describing the trust property to be sold by each of the following methods:

1. Recording a notice in the office of the recorder of each county where the trust property is situated.

2. Giving notice as provided in section 33-809 to the extent applicable.

3. Posting a copy of the notice of sale, at least twenty days before the date of sale in some conspicuous place on the trust property to be sold, if posting can be accomplished without a breach of the peace. If access to the trust property is denied because a common entrance to the property is restricted by a limited access gate or similar impediment, the property shall be posted by posting notice at that gate or impediment. Notice shall also be posted at one of the places provided for posting public notices at any building that serves as a location of the superior court in the county where the trust property is to be sold. Posting is deemed completed on the date the trust property is posted. The posting of notice at the superior court location is deemed a ministerial act.

4. Publication of the notice of sale in a newspaper of general circulation in each county in which the trust property to be sold is situated. The notice of sale shall be published at least once a week for four consecutive weeks. The last date of publication shall not be less than ten days prior to the date of sale. Publication is deemed completed on the date of the first of the four publications of the notice of sale pursuant to this paragraph.

B. The sale shall be held at the time and place designated in the notice of sale on a day other than a Saturday or legal holiday between 9:00 a.m. and 5:00 p.m. mountain standard time at a specified place on the trust property, at a specified place at any building that serves as a location of the superior court or at a specified place at a place of business of the trustee, in any county in which part of the trust property to be sold is situated.

C. The notice of sale shall contain:

1. The date, time and place of the sale. The date, time and place shall be set pursuant to section 33-807, subsection D. The date shall be no sooner than the ninety-first day after the date that the notice of sale was recorded.

2. The street address, if any, or identifiable location as well as the legal description of the trust property.

3. The county assessor's tax parcel number for the trust property or the tax parcel number of a larger parcel of which the trust property is a part.

4. The original principal balance as shown on the deed of trust. If the amount is not shown on the deed of trust, it shall be listed as "unspecified".

5. The names and addresses, as of the date the notice of sale is recorded, of the beneficiary and the trustee, the name and address of the original trustor as stated in the deed of trust, the signature of the trustee and the basis for the trustee's qualification pursuant to section 33-803, subsection A, including an express statement of the paragraph under section 33-803, subsection A on which the qualification is based. The address of the beneficiary shall not be in care of the trustee.

6. The telephone number of the trustee.

7. The name of the state or federal licensing or regulatory body or controlling agency of the trustee as prescribed by section 33-803, subsection A.

8. The following statement in the first paragraph of the notice, printed in bold-faced and capitalized type:

Notice! If you believe there is a defense to the trustee sale or if you have an objection to the trustee sale, you must file an action and obtain a court order pursuant to rule 65, Arizona rules of civil procedure, stopping the sale no later than 5:00 p.m. mountain standard time of the last business day before the scheduled date of the sale, or you may have waived any defenses or objections to the sale. Unless you obtain an order, the sale will be final.

D. The notice of sale shall be sufficient if made in substantially the following form:

Notice of Trustee's Sale

The following legally described trust property will be sold, pursuant to the power of sale under that certain trust deed recorded in docket or book _______________________ at page ____________ records of ________________ county, Arizona. Notice! if you believe there is a defense to the trustee sale or if you have an objection to the trustee sale, you must file an action and obtain a court order pursuant to rule 65, Arizona rules of civil procedure, stopping the sale no later than 5:00 p.m. mountain standard time of the last business day before the scheduled date of the sale, or you may have waived any defenses or objections to the sale. Unless you obtain an order, the sale will be final and will occur at public auction to the highest bidder at (specific place of sale as permitted by law) __________________, in ______________ county, in or near _______________, Arizona, on ________, ____, at ___________ o'clock ___m. of said day:

(street address, if any, or identifiable

location of trust property)

(legal description of trust property)

Tax parcel number _______________

Original principal balance $________________________

Name and address of beneficiary ______________________________

______________________________

Name and address of original trustor _________________________

_________________________

Name, address and telephone number of trustee ________________

__________________________________

Signature of trustee _________________________________________

Manner of trustee qualification ______________________________

Name of trustee's regulator __________________________________

Dated this _____________ day of ______________, ____.

(Acknowledgement)

E. Any error or omission in the information required by subsection C or D of this section, other than an error in the legal description of the trust property or an error in the date, time or place of sale, shall not invalidate a trustee's sale. Any error in the legal description of the trust property shall not invalidate a trustee's sale if considered as a whole the information provided is sufficient to identify the trust property being sold. If there is an error or omission in the legal description so that the trust property cannot be identified, or if there is an error in the date, time or place of sale, the trustee shall record a cancellation of notice of sale. The trustee or any person furnishing information to the trustee shall not be subject to liability for any error or omission in the information required by subsection C of this section except for the wilful and intentional failure to provide such information. This subsection does not apply to claims made by an insured under any policy of title insurance.

F. The notice of trustee sale may not be rerecorded for any reason. This subsection does not prohibit the recording of a new or subsequent notice of sale regarding the same property.

Notes of Decisions

Cited in 38 cases (6 in the last 5 years), 1978–2025 · leading case: Julia Vasquez v. Saxon Mortg. Inc, 266 P.3d 1053 (Ariz. 2011).

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Julia Vasquez v. Saxon Mortg. Inc, 266 P.3d 1053 (Ariz. 2011). · cites it 13× “Is the recording of an assignment of deed of trust required prior to the filing of a notice of trustee’s sale under A.R.S. § 33-808 when the assignee holds a promissory note payable to bearer? 2.”

Wyatt v. Wehmueller, 806 P.2d 870 (Ariz. 1991). · cites it 4× “On June 28, 1987, GAP caused a notice of trustee's sale to be issued and recorded pursuant to A.R.S. § 33-808. On October 21, plaintiffs filed an application for a temporary restraining order, an order to show cause, and a preliminary injunction to prevent the trustee's sale.”

Hogan v. Washington Mut. Bank, N.A., 277 P.3d 781 (Ariz. 2012). · cites it 3× “Section 33-809(C) requires only that, after recording notice of the trustee’s sale under § 33-808, the trustee must send the trustor notice of the default, signed by the beneficiary or his agent, setting forth the unpaid principal balance.”

Silving v. Wells Fargo Bank, Na, 800 F. Supp. 2d 1055 (D. Ariz. 2011). · cites it 6× “Defendants argue in the alternative that even if the signatory was in Texas, such error would not invalidate the sale under A.R.S. § 33-808(E). That statute reads, in part: “Any error or omission in the information required by subsection C or D of this section, other than an…”

Steinberger v. McVey, 318 P.3d 419 (Ariz. Ct. App. 2014). · cites it 2× “Thus, ”[i]f [a] lender sells or assigns the beneficial interest in the loan to another MERS member, the change is recorded only in the MERS database, not in county records, because MERS continues to hold the deed [of trust] on the new lender's behalf,” e.”

Ten Z's Inc. v. Perry, 801 P.2d 438 (Ariz. Ct. App. 1990). · cites it 12× “The notice was issued in September 1986, at which time A.R.S. § 33-808(C) provided: The notice of sale shall contain the street address if any, or identifiable location as well as the legal description of the trust property.”

Main I Ltd. P'ship v. Venture Capital Constr. & Dev. Corp., 741 P.2d 1234 (Ariz. Ct. App. 1987). · cites it 4× “On December 18, 1984, Security Title caused a notice of trustee’s sale to be recorded with the Maricopa County Recorder as required by A.R.S. § 33-808, setting the trustee’s sale for March 19, 1985, 91 days after the recording.”

Snyder v. HSBC Bank, USA, N.A., 913 F. Supp. 2d 755 (D. Ariz. 2012). · cites it 2× “March 30, 2010). There are, however, significant adverse legal consequences if a homeowner delinquent on loan payments fails to seek judicial intervention and enjoin a trustee sale.”

Schoonover v. Arizona Title Ins. & Trust Co., 616 P.2d 898 (Ariz. Ct. App. 1980). · cites it 10× “Examples illustrating that throughout the statutory scheme relating to trust deeds, the word “date” was used in its plain and ordinary sense, the day, month and year, are as follows, with emphasis supplied in each instance and quoted in pertinent part: A.R.S. § 33-808 A(l): “The…”

Puzz v. Chase Home Fin., LLC, 763 F. Supp. 2d 1116 (D. Ariz. 2011). · cites it 5× “” The Bosco Defendants allege that this instance of alleged defamation arises wholly out of the Defendant’s compliance with A.R.S. § 33-808(A). Section 33-808(A) requires the trustee to provide notice of a pending deed of trust sale through various methods, including filing such…”

Manicom v. Citimortgage, Inc., 336 P.3d 1274 (Ariz. Ct. App. 2014). · cites it 2× “See § 33-808(C)(2) (requiring notice of sale to contain “the street address .”

Csa 13-101 Loop, LLC v. Loop 101, LLC, 312 P.3d 1121 (Ariz. Ct. App. 2013). · cites it 2× “, A.R.S. §§ 33-808 to -813. ¶ 17 Section 33-814(A) furthers the scheme by protecting the borrower from inequitable deficiencies that may arise if the property is sold below market price.”

Show all 38 citing cases →

— Ariz. Rev. Stat. § 33-808(A) — 3 cases

Puzz v. Chase Home Fin., LLC, 763 F. Supp. 2d 1116 (D. Ariz. 2011). “” The Bosco Defendants allege that this instance of alleged defamation arises wholly out of the Defendant’s compliance with A.R.S. § 33-808(A). Section 33-808(A) requires the trustee to provide notice of a pending deed of trust sale through various methods, including filing such…”

Norwest Bank Arizona v. Superior Court, 963 P.2d 319 (Ariz. Ct. App. 1998).

Brosnahan v. Caliber Home Loans Inc. (D. Ariz. 2021).

— Ariz. Rev. Stat. § 33-808(A)(1) — 1 case

Brosnahan v. Caliber Home Loans Inc. (D. Ariz. 2021).

— Ariz. Rev. Stat. § 33-808(A)(2) — 1 case

Ekweani v. Citimortgage (Ariz. Ct. App. 2016).

— Ariz. Rev. Stat. § 33-808(A)(l) — 2 cases

Julia Vasquez v. Saxon Mortg. Inc, 266 P.3d 1053 (Ariz. 2011). “Is the recording of an assignment of deed of trust required prior to the filing of a notice of trustee’s sale under A.R.S. § 33-808 when the assignee holds a promissory note payable to bearer? 2.”

Ekweani v. Citimortgage (Ariz. Ct. App. 2016).

— Ariz. Rev. Stat. § 33-808(C) — 3 cases

Ten Z's Inc. v. Perry, 801 P.2d 438 (Ariz. Ct. App. 1990). “The notice was issued in September 1986, at which time A.R.S. § 33-808(C) provided: The notice of sale shall contain the street address if any, or identifiable location as well as the legal description of the trust property.”

Snyder v. HSBC Bank, USA, N.A., 913 F. Supp. 2d 755 (D. Ariz. 2012). “March 30, 2010). There are, however, significant adverse legal consequences if a homeowner delinquent on loan payments fails to seek judicial intervention and enjoin a trustee sale.”

Jp Morgan v. Mgm (Ariz. Ct. App. 2016).

— Ariz. Rev. Stat. § 33-808(C)(2) — 1 case

Manicom v. Citimortgage, Inc., 336 P.3d 1274 (Ariz. Ct. App. 2014). “See § 33-808(C)(2) (requiring notice of sale to contain “the street address .”

— Ariz. Rev. Stat. § 33-808(C)(4) — 1 case

Mall v. McDonald (Ariz. Ct. App. 2024).

— Ariz. Rev. Stat. § 33-808(C)(5) — 4 cases

Hogan v. Washington Mut. Bank, N.A., 277 P.3d 781 (Ariz. 2012). “Section 33-809(C) requires only that, after recording notice of the trustee’s sale under § 33-808, the trustee must send the trustor notice of the default, signed by the beneficiary or his agent, setting forth the unpaid principal balance.”

Spector v. Wells Fargo (Ariz. Ct. App. 2021).

John Hogan v. Washington Mut. Bank (Ariz. 2012).

— Ariz. Rev. Stat. § 33-808(C)(8) — 1 case

Maria Carmen Zubia v. David Shapiro (Ariz. 2018).

— Ariz. Rev. Stat. § 33-808(E) — 5 cases

Silving v. Wells Fargo Bank, Na, 800 F. Supp. 2d 1055 (D. Ariz. 2011). “Defendants argue in the alternative that even if the signatory was in Texas, such error would not invalidate the sale under A.R.S. § 33-808(E). That statute reads, in part: “Any error or omission in the information required by subsection C or D of this section, other than an…”

Manicom v. Citimortgage, Inc., 336 P.3d 1274 (Ariz. Ct. App. 2014). “See § 33-808(C)(2) (requiring notice of sale to contain “the street address .”

Gardner v. Nationstar Mortg., LLC, 258 F. Supp. 3d 956 (D. Ariz. 2017).

Bt Capital, LLC v. Td Serv. Co., 265 P.3d 370 (Ariz. Ct. App. 2011).

Brosnahan v. Caliber Home Loans Inc. (D. Ariz. 2021).

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