An Arizona deed of trust is a property conveyance instrument whereby a trustee holds on to a property title while a borrower repays a loan from a lender. While this document functions similarly to a mortgage, there are some distinct differences. For example, the deed of trust requires three (3) parties; lender, borrower, and trustee, while a mortgage requires only the lender and borrower.
Should the borrower default on the loan, the lender may foreclose on the property without any judicial proceedings (so long as a “notice of sale” is recorded first).
- Statute: Chapter 6.1 – Deeds of Trust
- Formatting: § 11-480, § 33-802
- Signing (§ 33-401): Notary Public
- Where to record (§ 11-468): County Recorder’s Office
- Recording fees (§ 11-475(A)(1)): $30
Related Forms (1)
Arizona Promissory Note – Outlines repayment terms between a lender and a borrower.
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