12-1621

12-1621. Notice of sale; perishable, personal
and real property; posting, publication and place of sale

A. Notice of sale under execution shall be made as follows:

1. For the sale of perishable personal property, written notice of the time and
place of sale shall be posted in three public places, two of which shall be in the
precinct and one at or near the door of the courthouse of the county in which the sale is
to take place, for such period of time before the sale as is reasonable, considering the
character and condition of the property.

2. For the sale of personal property other than that which is perishable, a posting
similar to that provided in paragraph 1 of this subsection shall be made for not less
than ten days successively before the day of sale.

3. For the sale of real property, notice shall be given by posting notices for not
less than fifteen days successively before the day of sale in three public places in the
county, one of which shall be at or near the courthouse door, and publishing a copy
thereof in a newspaper for three weeks before the day of sale.

B. The notices shall note the judgment, parties, amount and court in which the
judgment was rendered, and particularly describe the property to be sold, and, for real
property to be sold, shall include the legal description of the property and the street
address if any, or identifiable location of the property. Failure to accurately describe
within any such notice either the street address or the identifiable location of the real
property to be sold shall not be grounds for invalidating any such sale if the correct
legal description of the real property to be sold was noted. A notice for sale of real
property required by subsection A, paragraph 3 shall include a notice in substantially
the following form:

Notice to Judgment Debtor

Title 33, chapter 8, article 1 of the Arizona Revised Statutes, may permit you to
protect your residence from certain types of legal process through the homestead
exemption.

If you are in doubt as to your rights, you should obtain legal advice.

C. Real property shall be sold at or near the courthouse door of the county where
the property is situated. Personal property shall be sold on the premises where it is
taken in execution, at the courthouse door of the county or at some other place more
convenient for exhibiting the property to purchasers if necessitated by the nature of the
property.