Arizona · money left over after a foreclosure sale

You can claim it yourself, no finder needed

Who holds it

The trustee; or, if the trustee chooses, the county treasurer of the county of sale, pending a superior court order

How long

The trustee must pay out or deposit within 90 days of the sale. Money deposited with the treasurer is presumed abandoned after 2 years with no pending application: over $50 goes to ADOR unclaimed property, $50 or less to the county.

How you claim

If the trustee still holds the money, claim it from the trustee. If it was deposited with the county treasurer, file an 'application for distribution' in the superior court case the trustee filed, and mail copies to everyone listed.

If someone offers to do it for you

Checklist: Arizona, money left over after a foreclosure sale

Who holds it: The trustee; or, if the trustee chooses, the county treasurer of the county of sale, pending a superior court order

How long: The trustee must pay out or deposit within 90 days of the sale. Money deposited with the treasurer is presumed abandoned after 2 years with no pending application: over $50 goes to ADOR unclaimed property, $50 or less to the county.

How you claim: If the trustee still holds the money, claim it from the trustee. If it was deposited with the county treasurer, file an 'application for distribution' in the superior court case the trustee filed, and mail copies to everyone listed.

Your deadline: ____________ (confirm it with the clerk)

Steps

  1. Watch for the trustee's excess-proceeds notice, mailed within 15 days of the sale.
  2. Check whether the trustee paid out the money or deposited it with the county treasurer (treasurers post excess proceeds lists).
  3. If deposited, file an application for distribution in the trustee's superior court case and mail it by a signed-receipt method to the treasurer and listed parties.
  4. File affidavits of mailing; anyone may respond within 45 days, then the court orders the treasurer to release the funds.

Documents

What it costs you

Treasurer may deduct up to $100 when releasing funds; court filing costs not stated

If someone offers to do it for you

Official links

Source: A.R.S. § 33-812; A.R.S. §33-812(A); A.R.S. §33-812(B); A.R.S. §33-812(C)-(F); A.R.S. §33-812(G)-(J); A.R.S. §33-812(K); A.R.S. §33-812(L)-(O); A.R.S. §33-812(P); A.R.S. §§33-725, 33-727. Researched, not yet checked by a lawyer; confirm with the clerk. Not legal advice.