Recording a Request for Notice
If you hold a lien, a second deed of trust, or any other interest in property that is secured by a deed of trust, you can protect yourself by recording a request for notice with the county recorder. Once recorded, the trustee is required to mail you a copy of any notice of sale before the property goes to auction.
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.
A.R.S. § 33-809(A)The request must identify the deed of trust by county, recording information, the original parties, and the legal description of the property. Arizona provides a standard form for this purpose.
Who Receives Notice Automatically
Even without a recorded request, the trustee must mail a copy of the notice of sale to anyone who appears in the county recorder's records as having an interest in the property. This includes junior lienholders, holders of other deeds of trust, and anyone else whose interest was recorded before the notice of sale. For single-family residential properties, the trustee must also mail a copy to the property address by first-class mail.
The trustee must also disclose certain information upon written request during the reinstatement period, including the unpaid principal balance, the owner of record, and a list of liens on the property. The fee for this disclosure cannot exceed one hundred dollars.
On the last business day before the sale and on the day of the sale itself, the trustee must make the lender's expected credit bid available. If the bid amount is not ready, the trustee must postpone the sale until it is.
