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A.R.S. § 33-804

Successor Trustee for a Deed of Trust

Verified April 4, 202657th Legislature, 1st Regular Session

When a deed of trust trustee cannot serve, resigns, or needs to be replaced, the beneficiary (lender) can appoint a successor. The substitution must be recorded with the county recorder. The borrower must also be notified. A trustee may resign by recording a notice of resignation.

Title 33, TRUST DEEDS

azleg.gov

When and Why Trustees Are Replaced

The trustee on a deed of trust is not always a permanent appointment. Trustees may fail to qualify, become unwilling or unable to serve, or simply resign. Under Arizona law, the statute provides a clear process for the beneficiary to appoint a replacement. No court approval is needed, which is different from the Arizona trust code rules that apply to a revocable living trust.

The beneficiary may at any time remove a trustee for any reason or cause and appoint a successor trustee, and such appointment shall constitute a substitution of trustee.

A.R.S. § 33-804(B)

This broad authority means the lender does not need to show cause to replace a trustee. The substitution takes effect right away upon execution, even before recording. However, recording is still required. The borrower must receive written notice by registered or certified mail.

Recording and Qualification Requirements

The substitution notice must be recorded in every county where the trust property is located. It must also describe how the new trustee qualifies under the Arizona revised statutes, specifically A.R.S. 33-803. This prevents a beneficiary from appointing a replacement who does not meet the professional or institutional requirements the law demands.

A trustee who wants to step down can do so by recording a notice of resignation with the county recorder. They must also notify both the borrower and the beneficiary by certified mail. Until a successor is appointed, no one can exercise the trustee's powers under the deed of trust. This protects borrowers from actions taken by an entity that no longer holds the role.

When a family trust holds real estate, this process can overlap with how qualified beneficiaries manage trust assets. The deed of trust trustee is separate from the trustee of your revocable living trust. Confusing the two roles can cause delays when selling or refinancing property.

Tax returns and financial records tied to the property should reflect the correct trustee at all times. If a substitution occurs during a tax year, both the old and new trustee may need documentation showing when the change took effect.

Keeping the deed of trust trustee current matters most when a borrower defaults. If the named trustee is no longer qualified or available, the lender must complete a substitution before the foreclosure process can begin. Delays in appointing a successor can stall the entire timeline.

A. If a person appointed as trustee fails to qualify, is unwilling or unable to serve or resigns as trustee or if a trustee was not designated in the deed of trust, the beneficiary may appoint a successor trustee, and such appointment shall constitute a substitution of trustee. B. The beneficiary may at any time remove a trustee for any reason or cause and appoint a successor trustee, and such appointment shall constitute a substitution of trustee. C. A notice of substitution of trustee shall be recorded in the office of the county recorder of each county in which the trust property or some part of the trust property is situated at the time of the substitution. The beneficiary shall give written notice through registered or certified mail, with postage prepaid, to the trustor. D. A notice of substitution of trustee shall contain a description of the basis for the successor trustee's qualification pursuant to section 33-803, subsection A. E. A notice of substitution of trustee is effective immediately on execution as prescribed by subsection D of this section. F. A person appointed as a trustee under a deed of trust may resign as trustee at any time. Any such resignation shall be without liability, provided the person has not agreed in writing or by the person's conduct to act in such capacity. If the trustee has agreed in writing or by the person's conduct to act in such capacity, the person may only resign in accordance with the terms of the trust deed and this chapter. If a trustee fails to qualify or is unwilling or unable to serve or resigns, it does not affect the validity of the deed of trust, except that no action required to be performed by the trustee under this chapter or under the deed of trust may be taken until a successor trustee is appointed by the beneficiary or the beneficiary's agent as authorized in writing pursuant to this section.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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