DEFAULT SERVICES & TITLE ONLY PRODUCTS

The Default Services/Title Only Department provides all default reports and services, as well as the processing of all “title only” products where there is either an outside escrow agent or no escrow at all.

Default Services include the processing of a Trustee Sale, Forfeiture or Deed in Lieu/Voluntary Forfeiture action. We also provide Trustee Sale Guarantee (TSG) or Litigation Guarantee reports and endorsements for an attorney or Trustee handling a direct foreclosure action. We offer these services for all counties within the state of Arizona. Our Title Only services include the issuing of all title products in Maricopa & Pinal County that don’t involve an “escrow”, or where the escrow agent is out of state or a non FNF entity requiring an FNF title product. Some examples are a Condition of Title Report; Endorsements to Existing Policies; Mortgage Modification and/or Assignments not requiring escrow services; Owners Insurance for existing owners; and full commitment/policy services for any other transaction not involving our escrow services. We offer Electronic Recording throughout all counties in Arizona.

TRUSTEE SALE FAQs

  • 1. What is a Foreclosure?

    A Foreclosure is an action taken by the beneficiary (lender) of a Deed of Trust or Mortgage against a non-performing or delinquent trustor (borrower) to force performance under the Note and Deed of Trust. A Foreclosure can be done to enforce payment under the Note or a covenant under the Deed of Trust. A Foreclosure will result in payment of the amounts due, or title to the subject property.
  • 2. What is the difference between a Foreclosure and a Trustee Sale?

    There are 2 types of Foreclosure in Arizona; Judicial and Non-Judicial. Judicial Foreclosure is the filing of an action in Superior Court. A Non-Judicial Foreclosure, known as a Trustee Sale, is done by a qualified “Trustee” and dictated by Arizona Statutes.
  • 3. What is the process involved in a Trustee’s Sale?

    A Trustee’s Sale is done to enforce payment under the Note. The Beneficiary will contact the Trustee under the Deed of Trust, or appoint a successor Trustee. The Trustee Sale will take a minimum of 91 days after recording of a Notice of Trustee Sale. Arizona Revised Statutes 33-801 et seq. dictates the process for the Trustee Sale. The Trustee must strictly comply with the statutes.
  • 4. Where can I find notices of these sales?

    A Notice of Trustee Sale must be recorded in the County where the property is located. You can check the County Recorders website to search for recorded Notices, or you can contact a provider of Foreclosure Lists. The Trustee is also required to post a copy of the Notice of Sale on the bulletin board at the Superior Court and publish a copy of the Notice of Trustee Sale in a newspaper of general circulation, for 4 consecutive weeks, in the county where the property is located.
  • 5. Where can I find information about Trustee’s Sales?

    For a fee, you can contact the Trustee and request a list of the liens and encumbrances. The request may be required in writing. The fee cannot exceed $100.00. When available, you can request the opening bid from the Trustee. This information is required to be available by 9:00 am the day before Sale.
  • 6. How does the Sale work?

    The Trustee Sale is a forced action against the debtor/Trustor. The Trustor has the opportunity to reinstate the debt, by paying all past due payments, penalties, advances and fees & costs of Sale, no later than 5:00 the day before Sale. If the Trustor does not reinstate, the Trustee Sale will be held at the time and place designated in the Notice of Trustee Sale. The Trustee Sale results in a public auction. The Beneficiary is the first bidder at the auction and their bid is referred to as the “credit bid”. This amount is up to or including the full amount of the debt. A bidder must bid more than the opening bid. All bids are an irrevocable offer. Once a final bid is placed, the property will be deemed “sold”. Final bid price must be paid to the Trustee no later than 5:00 the next business day.
  • 7. What do I need to do to participate in a Sale?

    You must present a cashier’s check in the amount of $10,000.00 to be qualified to enter a bid. You will be required to “sign in” with the Trustee or Auctioneer. Auctioneer will open the bidding. All bids are an irrevocable offer. If you are declared the successful bidder, you will be required to pay the balance of your bid no later than 5:00 the following day. Should you fail to pay your final bid price, you will forfeit your deposit.
  • 8. What are the risks involved with buying a property at a Trustee Sale?

    The Trustee makes no guarantee of the status of title, or the condition of the property. A bidder will not be granted access to the property for inspection. A bidder at Sale will take title subject to all liens or encumbrances superior in priority to the lien foreclosed, including all past due property taxes.
  • 9. Do I get to look at the property before I buy?

    There is no entitlement to view the property. You may be able to view the property from the outside, without a disturbance of the peace or a violation of the homeowner’s rights.
  • 10. Why are Sales postponed sometimes?

    The Beneficiary, or Trustee, can postpone the Sale for any reason. A Sale may be postponed due to a Bankruptcy by the owner; a possible modification pending; temporary restraining order; or for no specific reason other than the Beneficiary wants to give the owner more time to perform. There is no limit to the number of postponements; however, each postponement can be no more than 89 days.

  • 11. Can the borrower get the property back after the Sale?

    The Sale is open to all bidders, including the Trustor/record owner; however, should the Trustor/current owner take title, any liens that may have been extinguished could possibly “reattach” to the property.

  • 12. Is there another way to foreclose on properties in Arizona?

    No – only a Judicial or Non-Judicial foreclosure, which is a Trustee Sale, can be done in Arizona, for a Mortgage (Judicial only) or Deed of Trust. A non-judicial “Forfeiture” is done under an Agreement for Sale (sometimes known as a Contract for Sale). A Forfeiture is a Cancellation of the Contract and does not result in a public auction. Fee Title automatically reverts to the Seller after compliance with ARS 33-741 et seq.
  • 13. What are the differences between a Judicial and Non-Judicial Foreclosure?

    See question #2. Judicial means going through Superior court. Non-Judicial is governed by Arizona Revised Statutes.

STANDARD FNTA DISCLAIMER APPLIES.

THE INFORMATION PROVIDED HEREIN IS PROVIDED AS A COURTESY BY FIDELITY NATIONAL TITLE.  THE USER OF THIS INFORMATION ASSUMES ALL RESPONSIBILITY AND RISK FOR ITS USE.  FIDELITY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, PROMISES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION.  FIDELITY BELIEVES THE INFORMATION TO BE ACCURATE, BUT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION OR THE RELIANCE THEREOF BY THE USER.  USER ACKNOWLEDGES AND AGREES THAT THEY HAVE BEEN ADVISED TO SEEK INDEPENDENT LEGAL ADVICE, AT THEIR OWN EXPENSE, IF THEY DEEM NECESSARY.

Current Trustee Sale Bid Information

BID DEPOSIT REQUIRED $10,000.00 – CASHIERS CHECK PAYABLE TO FIDELITY NATIONAL TITLE ONLY – NO 2 PARTY CHECKS

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Brenda Tucson

AVP / TRUST OFFICER
DEFAULT/TITLE SERVICES DEPARTMENT MANAGER

Brenda Tucson, Manager and Assistant Vice President, has been with Fidelity since 2004. Brenda has been in the Title industry since 1982, having over 34 years experience processing Trustee Sales, Forfeitures and Guarantee Reports, as well as managing Subdivision Trusts, Builder Services and Release and Reconveyance processing. Brenda has been a member of the Arizona Trustee Association since 1988 and has served on the Board of Directors as a former President, Secretary, Director and currently, as Treasurer. She has served on the Membership, Education, Legislation and Convention Committees, and has had an active role in the preparation and passing of legislative bills effecting our industry.

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Jane Kirk

AVP / TRUSTEE SALES OFFICER
DEFAULT SERVICES DEPARTMENT

Jane Kirk, Assistant Vice President, has been with Fidelity Title and or the FNF Group of companies since 2000. Jane has been in the foreclosure or title industry since 1997 processing Trustee Sales, Forfeitures, Deeds in Lieu and issuing title direct services for attorneys and Trustees performing foreclosure actions. Jane is also involved in account servicing origination. Jane is an active member of the Arizona Trustee Association and serves on the Legislative Committee.