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A.R.S. § 33-813

Reinstating a Deed of Trust After Default

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

If you fall behind on a loan secured by a deed of trust, Arizona law gives you the right to reinstate it. You can cure the default by paying the amount past due, plus costs and fees. The deadline is 5:00 p.m. on the last business day before the scheduled trustee sale.

Title 33, TRUST DEEDS

azleg.gov

The Right to Reinstate Before Sale

Falling behind on a mortgage does not automatically mean losing the property. Arizona gives borrowers a defined window to catch up. The trustor, a successor in interest, or any party with a subordinate lien may reinstate the loan. They do so by paying all amounts currently due, curing any other defaults, and covering the associated costs.

The trustor or the trustor's successor in interest, any person having a subordinate lien or encumbrance of record thereon or any beneficiary under a subordinate trust deed, before 5:00 p.m. mountain standard time on the last day other than a Saturday or legal holiday before the date of sale or the filing of an action to foreclose the trust deed, may reinstate by paying to the beneficiary, the trustee or the trustee's agent in a form acceptable to the beneficiary or the trustee the entire amount then due.

A.R.S. § 33-813(A)

The deadline is firm: 5:00 p.m. MST on the last business day before the sale date, meaning business days other than a Saturday or legal holiday. After that, the right to reinstate is gone. Reinstatement does not require paying off the entire loan balance. It requires bringing the loan current, plus covering trustee fees, recording costs, and reasonable attorney fees.

What Reinstatement Costs

The expenses for reinstatement include reasonable mailing and photocopying costs, recording and publication fees, and postponement fees. The trustee's fee is capped at $600 or one-half of one percent of the unpaid principal, whichever is greater. Attorney fees the lender incurred are also included. On request, the trustee must provide a good faith estimate of the total reinstatement amount.

Once the trust property is reinstated, the trustee must record a cancellation of the notice of sale. Failure to record that cancellation within thirty days makes the trustee liable for actual damages. This protects the real property records from showing a stale notice that could confuse future buyers or lenders.

How Reinstatement Affects Families

Many families facing foreclosure do not realize they can reinstate even after a notice of sale is recorded. This right exists right up until the last business day before the sale. In practice, this gives homeowners weeks or even months to gather the funds needed to catch up.

Reinstatement resets the loan as if no default had occurred. The original terms stay in place. This means that families who can find a way to cure the default keep their home and their existing mortgage, without needing to refinance or negotiate new terms.

A. If, prior to the maturity date fixed by the contract or contracts, all or a portion of a principal sum or interest of the contract or contracts secured by a trust deed becomes due or is declared due by reason of a breach or default in the performance of the contract or contracts or of the trust deed, the trustor or the trustor's successor in interest, any person having a subordinate lien or encumbrance of record thereon or any beneficiary under a subordinate trust deed, before 5:00 p.m. mountain standard time on the last day other than a Saturday or legal holiday before the date of sale or the filing of an action to foreclose the trust deed, may reinstate by paying to the beneficiary, the trustee or the trustee's agent in a form acceptable to the beneficiary or the trustee the entire amount then due under the terms of the contract or contracts or trust deed, other than the portion of the principal as would not then be due had no default occurred, by curing all other defaults and by paying the amounts due under subsection B of this section. B. The beneficiary shall notify the trustee in writing of the performance and the name of the person who performed the conditions. The proceedings shall be cancelled and the contract or contracts and trust deed shall be deemed reinstated and in force as if no breach or default had occurred. C. On request from the trustor or any person entitled to notice pursuant to section 33-809, subsection B, at any time that the trust deed is subject to reinstatement, the trustee shall provide a good faith estimate of the sums that appear necessary to reinstate the trust deed. E. If the trust deed is reinstated as provided in subsection B of this section, the trustee shall have a cancellation of the notice of sale recorded in the same county recorder's office where the notice of sale was recorded. A trustee who, for thirty days after reinstatement, fails to have proper notice of the cancellation of the notice o...

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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