New Notice Requirement to Tenants in Arizona

New Arizona Notice Requirement Law Takes Effect November 24, 2009

The following language was added by Senate Bill 1271 to Arizona Revised Statutes section 33-809(B), the statute that lists the requirements for mailing the Notice of Trustee’s Sale within 30 days after recording:

3. FOR SINGLE FAMILY RESIDENTIAL PROPERTIES ONLY, TO THE PROPERTY
ADDRESS, EXCEPT THAT THE COPY MAILED PURSUANT TO THIS
PARAGRAPH MAY BE MAILED BY FIRST CLASS MAIL.

Although other provisions of Senate Bill 1271, specifically the changes to the anti-deficiency statute, were later repealed, this new mailing provision remains. Trustees are reminded to be sure to check that your standard mailing procedures and process includes this new mailing requirement applicable to “single family residential properties”.

A recent unsigned article in the November 4, 2009 UTA eNews incorrectly stated that this new mailing requirement was reversed along with the changes to the anti-deficiency statute.

If you have any questions or concerns in the meantime, please do not hesitate to contact Rex Anderson directly.

Update written by Rex C. Anderson, Esq., Law Office of Rex C. Anderson, P.C. Mr. Anderson can be contacted via phone (888/675-7809) or via email (Rca@RexAndersonLaw.com)