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Arizona Law AZ Real Estate Law Library ARS Section 33-814(G) 33-814(G) ARS Section 33-814(G) Effective 9/30/09
The following is the entire text of subsection G of Arizona Revised Statutes Section 33-814, Arizona's anti-deficiency statute effective September 30, 2009. The new text added by Senate Bill SB 1271 is effective September 30, 2009 and is in all capital letters.
33-814. Action to recover balance after sale or foreclosure on property under trust deed
G. If trust property of two and one-half acres or less which is limited to and utilized for either a single one-family or a single two-family dwelling BY THE TRUSTOR UNDER THE DEED OF TRUST FOR AT LEAST SIX CONSECUTIVE MONTHS AND FOR WHICH A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED is sold pursuant to the trustee's power of sale, no action may be maintained to recover any difference between the amount obtained by sale and the amount of the indebtedness and any interest, costs and expenses. THE TRUSTOR IS RESPONSIBLE FOR DEMONSTRATING THAT THE TRUST PROPERTY WAS USED BY THE TRUSTOR AS A ONE-FAMILY OR A SINGLE TWO-FAMILY DWELLING FOR AT LEAST SIX CONSECUTIVE MONTHS.
Note: A trustor whose home is in a jurisdiction like Mesa that does not issue Certificates of Occupancy can never qualify for the protection from a deficiency under post 33-814(G). Phoenix started issuing COs in 2000. The Arizona legislature passed a law that discriminates on people based on where there home is located. This is one reason why this terrible law needs to be repealed.
Join KEYTLaw's Campaign Calling for the Current Special Session of the Arizona Legislature to Fix the Broken Law
KEYTLaw real estate attorneys Richard Keyt and Jeana Morrissey have written a letter to Arizona Governor Jan Brewer asking her to amend her call a special session of the legislature to include fixing Arizona Revised Statutes Section 33-814(G). We request that readers of this article also write a letter to Governor Brewer requesting that she ask the current special session of the legislature to consider fixing Section 33-814(G). We've made it very easy for you to send the message to the Governor. Just print our pre-addressed request letter, sign it and mail it to Governor Brewer. We hope that the governor gets a large number of letters.
Please print our letter to Governor Brewer, sign it and mail it to the Governor at the address at the top of the letter. Our letters are here:
 | Letter to Governor Brewer - Word 2003 format (editable) |
| Letter to Governor Brewer - Adobe pdf format (not editable) |
Schedule an Arizona Foreclosure Law Consultation
If you have questions about Arizona foreclosure law and the legal consequences of defaulting on a loan secured by a lien on an Arizona home, hire Arizona real estate attorney Jeana Morrissey to review your loan situation and answer your questions. Jeana offers a one hour in office or over the phone consultation for $299. Contact Jeana at 602-906-4953, ext. 4 or jrm@keytlaw.com. To hire Jeana, complete our online consultation agreement. To schedule a consultation, call Jeana's legal assistant Milena at 602-424-4159.
About KEYTLaw, LLC, and Jeana Morrissey
Information on www.keytlaw.com about Arizona foreclosure law and real estate matters is provided as a public service by KEYTLaw, LLC, and Jeana Morrissey, a residential and commercial real estate attorney licensed to practice law in Arizona. Jeana's telephone numbers are 602-906-4953, ext. 4 (voice) & 602-798-7682 (fax), and her email address is jrm@keytlaw.com. Communicating with Jeana Morrissey or KEYTLaw, LLC, personnel via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.
Call Governor Brewer’s office at (602) 542-4331 and tell her you want SB 1271 repealed.
Join Our Campaign Calling for the Current Special Session of the Arizona Legislature to Fix the Broken Law
KEYTLaw real estate attorneys Richard Keyt and Jeana Morrissey have written a letter to Arizona Governor Jan Brewer asking her to amend her call a special session of the legislature to include fixing Arizona Revised Statutes Section 33-814(G). We request that readers of this article also write a letter to Governor Brewer requesting that she ask the current special session of the legislature to consider fixing Section 33-814(G). We've made it very easy for you to send the message to the Governor. Just print our pre-addressed request letter, sign it and mail it to Governor Brewer. We hope that the governor gets a large number of letters.
Please print our letter to Governor Brewer, sign it and mail it to the Governor at the address at the top of the letter. Our letters are here:
Letter to Governor Brewer - Word 2003 format (editable)
Letter to Governor Brewer - Adobe pdf format (not editable)
Schedule an Arizona Foreclosure Law Consultation
If you have questions about Arizona foreclosure law and the legal consequences of defaulting on a loan secured by a lien on an Arizona home, hire Arizona real estate attorney Jeana Morrissey to review your loan situation and answer your questions. Jeana offers a one hour in office or over the phone consultation for $299. Contact Jeana at 602-906-4953, ext. 4 or jrm@keytlaw.com. To hire Jeana, complete our online consultation agreement. To schedule a consultation, call Jeana's legal assistant Milena at 602-424-4159.
This page was last modified on July 29, 2009.
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