33-809

33-809. Request for copies of notice of sale;
mailing by trustee; disclosure of information regarding trustee
sale

A. A person desiring a copy of a notice of sale under a trust deed, at any time
subsequent to the recording of the trust deed and prior to the recording of a notice of
sale pursuant thereto, shall record in the office of the county recorder in any county in
which part of the trust property is situated a duly acknowledged request for a copy of
any such notice of sale. The request shall set forth the name and address of the person
or persons requesting a copy of such notice and shall identify the trust deed by setting
forth the county, docket or book and page of the recording data thereof and by stating
the names of the original parties to such deed, the date the deed was recorded and the
legal description of the entire trust property and shall be in substantially the
following form:

Request for Notice

Request is hereby made that a copy of any notice of sale under the trust
deed recorded in docket or book ___________ at page ________, records of
______________ county, Arizona, _____________________________,
_______________________________,

(legal description of trust property)

Executed by ________________________ as trustor, in which ______________
is named as beneficiary and __________________ as trustee, be mailed to
_________________ at ___________________.

Dated this _______________ day of _______________, _____.

___________________

Signature

(Acknowledgement)

B. Not later than thirty days after recording the notice of sale, the trustee shall
mail by certified or registered mail, with postage prepaid, a copy of the notice of sale
that reflects the recording date together with any notice required to be given by
subsection C of this section, addressed as follows:

1. To each person whose name and address are set forth in a request for notice,
which has been recorded prior to the recording of the notice of sale, directed to the
address designated in such request.

2. To each person who, at the time of recording of the notice of sale, appears on
the records of the county recorder in the county in which any part of the trust property
is situated to have an interest in any of the trust property. The copy of the notice sent
pursuant to this paragraph shall be addressed to the person whose interest appears of
record at the address set forth in the document. If no address for the person is set
forth in the document, the copy of the notice may be addressed in care of the person to
whom the recorded document evidencing such interest was directed to be mailed at the time
of its recording or to any other address of the person known or ascertained by the
trustee. If the interest that appears on the records of the county recorder is a deed of
trust, a copy of the notice only needs to be mailed to the beneficiary under the deed of
trust. If any person having an interest of record or the trustor, or any person who has
recorded a request for notice, desires to change the address to which notice shall be
mailed, the change shall be accomplished by a request as provided under this section.

3. For single family residential properties only, to the property address, except
that the copy mailed pursuant to this paragraph may be mailed by first class mail.

C. The trustee, within five business days after the recordation of a notice of
sale, shall mail by certified or registered mail, with postage prepaid, a copy of the
notice of sale to each of the persons who were parties to the trust deed except the
trustee. The copy of the notice mailed to the parties need not show the recording date of
the notice. The notice sent pursuant to this subsection shall be addressed to the
mailing address specified in the trust deed. In addition, notice to each party shall
contain a statement that a breach or nonperformance of the trust deed or the contract or
contracts secured by the trust deed, or both, has occurred, and setting forth the nature
of such breach or nonperformance and of the beneficiary's election to sell or cause to be
sold the trust property under the trust deed and the additional notice shall be signed by
the beneficiary or the beneficiary's agent. A copy of the additional notice shall also be
sent with the notice provided for in subsection B, paragraph 2 of this section to all
persons whose interest in the trust property is subordinate in priority to that of the
deed of trust along with a written statement that the interest may be subject to being
terminated by the trustee's sale. The written statement may be contained in the statement
of breach or nonperformance.

D. No request for a copy of a notice recorded pursuant to this section, nor any
statement or allegation in any request, nor any record of request, shall affect the title
to the trust property or be deemed notice to any person that a person requesting a copy
of notice of sale has or claims any interest in, or claim upon, the trust property.

E. At any time that the trust deed is subject to reinstatement pursuant to section
33-813, but not sooner than thirty days after recordation of the notice of trustee's
sale, the trustee shall upon receipt of a written request, provide, if actually known to
the trustee, the following information relating to the trustee's sale and the trust
property:

1. The unpaid principal balance of the note or other obligation which is secured by
the deed of trust.

2. The name and address of record of the owner of the trust property as of the date
of recordation of the notice of trustee's sale.

3. A list of the liens and encumbrances upon the trust property as of the date of
recordation of the notice of trustee's sale, excluding those matters set forth in section
33-438, subsection A.

If the trustee elects to charge a fee for providing the information requested, the fee
shall not exceed five per cent of the amount the trustee may charge pursuant to section
33-813, subsection B, paragraph 4, except that the trustee shall not charge a fee that is
more than one hundred dollars or be required to accept a fee that is less than thirty
dollars but may accept a lesser fee at the trustee's discretion. The trustee, or any
other person furnishing information pursuant to this subsection to the trustee, shall not
be subject to liability for any error or omission in providing the information requested,
except for the wilful and intentional failure to provide information in the trustee's
actual possession.

F. Beginning at 9:00 a.m. and continuing until 5:00 p.m. mountain standard time on
the last business day preceding the day of sale and beginning at 9:00 a.m. mountain
standard time and continuing until the time of sale on the day of the sale, the trustee
shall make available the actual bid or a good faith estimate of the credit bid the
beneficiary is entitled to make at the sale. If the actual bid or good faith estimate is
not available during the prescribed time period, the trustee shall postpone the sale
until the trustee is able to comply with this subsection.

G. In providing information pursuant to subsections E and F of this section, the
trustee, without obligation or liability for the accuracy or completeness of the
information, may respond to oral requests, respond orally or in writing or provide
additional information not required by such subsections. With respect to property that is
the subject of a trustee's sale, the beneficiary of such deed of trust or the holder of
any prior lien may, but shall not be required to, provide information concerning such
deed of trust or any prior lien that is not required by subsection E or F of this section
and may charge a reasonable fee for providing the information. The providing of such
information by any beneficiary or holder of a prior lien shall be without obligation or
liability for the accuracy or completeness of the information.