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

Ariz. Rev. Stat. § 33-816 (2026)

Limitation on action or sale of trust property

✓ current as of May 2026
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The trustee's sale of trust property under a trust deed shall be made, or any action to foreclose a trust deed as provided by law for the foreclosure of mortgages on real property shall be commenced, within the period prescribed by law for the commencement of an action on the contract secured by the trust deed.

Notes of Decisions
Cited in 16 cases (9 in the last 5 years), 1985–2025 · leading case: Miller Designs v. US Bank, 418 P.3d 1038 (Ariz. Ct. App. 2018).
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Miller Designs v. US Bank, 418 P.3d 1038 (Ariz. Ct. App. 2018). · cites it 11× “”) section 12-1622 has standing to assert a statute of limitations defense under A.R.S. § 33-816 and no additional contractual privity is necessary; (2) a creditor may unilaterally revoke its acceleration of debt; (3) unilateral revocation of the debt’s acceleration requires an…”
Stewart v. Underwood, 704 P.2d 275 (Ariz. Ct. App. 1985). · cites it 5× “A.R.S. § 33-816 provides in part that: “[A]ny action to foreclose a trust deed as provided by law for the foreclosure of mortgages on real property shall be commenced, within the period prescribed by law for the commencement of an action on the contract secured by the trust deed.”
Pedro U. Diaz & Noemi C. Diaz v. Bbva USA, Fka Compass Bank, 504 P.3d 945 (Ariz. Ct. App. 2022). · cites it 4× “§ 12-548(A)(1); see A.R.S. § 33-816 (statute of limitations for contract applies to deed of trust securing contract).”
Manicom v. Citimortgage, Inc., 336 P.3d 1274 (Ariz. Ct. App. 2014). “Sections 33-815 and 33-818 of the Deeds of Trust Act thus work together to give constructive notice to “all persons” by creating a duty to search grantor and grantee indices for potential liens, at least for the relevant six-year limitation period provided for sales and…”
PNL Asset Mgmt. Co. v. Brenden & Taylor P'ship, 970 P.2d 958 (Ariz. Ct. App. 1998). “Arizona Revised Statutes Annotated section 33-816 (1990) provides that an action to foreclose a deed of trust shall be brought “within the period prescribed by law for commencement of an action on the contract secured by the trust deed.” Because the written acknowledgments and…”
Ortiz v. Trinity Fin. Servs. LLC, 98 F. Supp. 3d 1037 (D. Ariz. 2015). · cites it 2× “Ariz.Rev.Stat. § 33-816 provides that: *1041 The trustee’s sale of trust property under a trust deed shall be made, or any action to foreclose a trust deed as provided by law for the foreclosure of mortgages on real property shall be commenced, within the period prescribed by…”
Jose R. Aroca & Kirstin Aroca v. Tang Inv. Co., LLC ... (Ariz. Ct. App. 2024). · cites it 9× “A.R.S. § 33-816 (emphasis added). ¶10 Tang maintains on appeal as it did below, that § 33-714, enacted after De Anza was decided, now governs the limitations period to initiate foreclosure actions.”
Jose R. Aroca v. Tang Inv. (Ariz. 2025). · cites it 5× “The court instead concluded that A.R.S. § 33-816 “dictates that a trustee’s sale or foreclosure on a deed of trust must be commenced within the same limitation period that would apply to an action on the contract securing it.”
Deutsche Bank v. Pheasant Grove (Ariz. Ct. App. 2020). · cites it 4× “§ 12-548(A)(1); A.R.S. § 33-816(A). The Bank claimed that it sought to reform the 2003 DoT before pursuing a trustee’s sale of the property.”
Barrow v. NewRez LLC (D. Ariz. 2021). · cites it 4× “Plaintiffs argue that the Defendants’ right to 7 foreclose is governed by A.R.S. § 33-816 which states that a trustee’s sale of trust property 8 shall be made “within the period prescribed by law for the commencement of an action on 9 the contract secured by the trust deed.”
Rcbt v. Cit Bank (Ariz. Ct. App. 2017). · cites it 2× “¶9 Fourth, RCBT cites no authority supporting its claim that if the debt is barred by the statute of limitations, thereby precluding a trustee’s sale as a remedy available to CIT, see A.R.S. § 33-816, the deed of trust is rendered “null and void.”
Luu v. New Rez (Ariz. Ct. App. 2022). · cites it 2× “A.R.S. § 33-816 (“[A] trustee’s sale of trust property under a trust deed shall be made, or any action to foreclose a trust deed .”
Show all 16 citing cases →
— Ariz. Rev. Stat. § 33-816(A) — 1 case
Deutsche Bank v. Pheasant Grove (Ariz. Ct. App. 2020). “§ 12-548(A)(1); A.R.S. § 33-816(A). The Bank claimed that it sought to reform the 2003 DoT before pursuing a trustee’s sale of the property.”
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