33-808. Notice of trustee's sale
A. The trustee shall give written notice of the time and place of sale legally
describing the trust property to be sold by each of the following methods:
1. Recording a notice in the office of the recorder of each county where the trust
property is situated.
2. Giving notice as provided in section 33-809 to the extent applicable.
3. Posting a copy of the notice of sale, at least twenty days before the date of
sale in some conspicuous place on the trust property to be sold, if posting can be
accomplished without a breach of the peace. If access to the trust property is denied
because a common entrance to the property is restricted by a limited access gate or
similar impediment, the property shall be posted by posting notice at that gate or
impediment. Notice shall also be posted at one of the places provided for posting public
notices at any building that serves as a location of the superior court in the county
where the trust property is to be sold. Posting is deemed completed on the date the trust
property is posted. The posting of notice at the superior court location is deemed a
ministerial act.
4. Publication of the notice of sale in a newspaper of general circulation in each
county in which the trust property to be sold is situated. The notice of sale shall be
published at least once a week for four consecutive weeks. The last date of publication
shall not be less than ten days prior to the date of sale. Publication is deemed
completed on the date of the first of the four publications of the notice of sale
pursuant to this paragraph.
B. The sale shall be held at the time and place designated in the notice of sale on
a day other than a Saturday or legal holiday between 9:00 a.m. and 5:00 p.m. mountain
standard time at a specified place on the trust property, at a specified place at any
building that serves as a location of the superior court or at a specified place at a
place of business of the trustee, in any county in which part of the trust property to be
sold is situated.
C. The notice of sale shall contain:
1. The date, time and place of the sale. The date, time and place shall be set
pursuant to section 33-807, subsection D. The date shall be no sooner than the
ninety-first day after the date that the notice of sale was recorded.
2. The street address, if any, or identifiable location as well as the legal
description of the trust property.
3. The county assessor's tax parcel number for the trust property or the tax parcel
number of a larger parcel of which the trust property is a part.
4. The original principal balance as shown on the deed of trust. If the amount is
not shown on the deed of trust, it shall be listed as "unspecified".
5. The names and addresses, as of the date the notice of sale is recorded, of the
beneficiary and the trustee, the name and address of the original trustor as stated in
the deed of trust, the signature of the trustee and the basis for the trustee's
qualification pursuant to section 33-803, subsection A, including an express statement of
the paragraph under subsection A on which the qualification is based. The address of the
beneficiary shall not be in care of the trustee.
6. The telephone number of the trustee.
7. The name of the state or federal licensing or regulatory body or controlling
agency of the trustee as prescribed by section 33-803, subsection A.
D. The notice of sale shall be sufficient if made in substantially the following
form:
Notice of Trustee's Sale
The following legally described trust property will be sold, pursuant to
the power of sale under that certain trust deed recorded in docket or book
_______________________ at page __________ records of ______________ county,
Arizona, at public auction to the highest bidder at (specific place of sale as
permitted by law) _______________, in _______________ county, in or near
_______________, Arizona, on ________, ____, at ___________ o'clock ___m. of
said day:
(street address, if any, or identifiable
location of trust property)
(legal description of trust property)
Tax parcel number _______________
Original principal balance $________________________
Name and address of beneficiary ______________________________
______________________________
______________________________
Name and address of original trustor _________________________
_________________________
_________________________
Name, address and telephone number of trustee ________________
__________________________________
__________________________________
Signature of trustee _____________________________
Manner of trustee qualification ___________________________
Name of trustee's regulator _______________________________
Dated this _____________ day of ______________, ____.
(Acknowledgement)
E. Any error or omission in the information required by subsection C or D of this
section, other than an error in the legal description of the trust property or an error
in the date, time or place of sale, shall not invalidate a trustee's sale. Any error in
the legal description of the trust property shall not invalidate a trustee's sale if
considered as a whole the information provided is sufficient to identify the trust
property being sold. If there is an error or omission in the legal description so that
the trust property cannot be identified, or if there is an error in the date, time or
place of sale, the trustee shall record a cancellation of notice of sale. The trustee or
any person furnishing information to the trustee shall not be subject to liability for
any error or omission in the information required by subsection C of this section except
for the wilful and intentional failure to provide such information. This subsection does
not apply to claims made by an insured under any policy of title insurance.
F. The notice of trustee sale may not be rerecorded for any reason. This
subsection does not prohibit the recording of a new or subsequent notice of sale
regarding the same property.
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