After the Foreclosure Sale: May the Lender Recover a Deficiency Judgment? By Shane Buntrock

The short answer is it depends. A deficiency judgment is created if, after the foreclosure sale, the sale proceeds are less than the indebtedness. Whether the lender can pursue the borrower for a deficiency judgment depends on the type of loan and security used i.e. a deed of trust or mortgage. Generally, if the real [...]

“Arizona’s Anti-Deficiency Statute Provides Help if Faced with Foreclosure” by Shane D. Buntrock

If faced with a foreclosure of your home or rental property, there is some good news. Arizona’s antideficiency statute, A.R.S. § 33-814 provides some relief. When a real estate loan secured by a deed of trust goes into default, the lender can elect to proceed with a trustee’s sale of the property to enforce its [...]