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Sell a Fire Damaged House in Southern Arizona

Out across southern Arizona parcels are commonly well beyond two and one-half acres, which puts a great many properties outside the anti-deficiency protection entirely. That is the single most important regional fact on this site.

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Two and One-Half Acres
The statutory ceilingSection 33-814(G)
Out Here
Frequently exceededBy a wide margin
Which Means
No protectionOn many parcels
So
Advice matters moreNot less

The Limit Was Written for Subdivisions

Two and one-half acres is a generous urban lot and a small rural one. Across Cochise, Santa Cruz and the rural parts of Pima and Pinal, a house on five, ten or forty acres is unremarkable.

Every one of those sits outside A.R.S. section 33-814(G) on the acreage test alone, regardless of how modest the house is or how long a family has lived in it. The framework is on our page covering anti-deficiency protection and the word utilized.

Is There Nothing Else Available?

There may be, and it is beyond what we are qualified to set out. What we can say is that the absence of the statutory shield makes the whole calculation different: a shortfall after a trustee's sale is a live personal exposure rather than something the statute disposes of. That is a reason to take advice earlier rather than to conclude nothing can be done, and it is a reason not to simply stop paying and walk away, which is the intuitive response and the one that carries the most risk out here.

What That Changes About Selling

Where the protection does not apply, clearing the loan matters more than the price. A sale that leaves a shortfall leaves you exposed to it; a sale that clears the debt does not.

So the useful question for a rural southern Arizona owner is not simply what is the highest offer, but which offers actually clear the balance. Those can be different things and the second one is what protects you.

Would You Tell Me If Your Offer Did Not Clear It?

Yes, and we would tell you what the gap is rather than leaving you to work it out at a closing table. Where our figure sits below the balance, a sale needs your lender's agreement and the treatment of the shortfall becomes a negotiated term. That is a materially different transaction and it is not one to enter without advice. If we cannot get you clear, we will say so and it is frequently the point at which we stop being the right answer.

We publish no anti-deficiency assessments, parcel determinations or values for individual properties across southern Arizona. County assessors and an Arizona lawyer answer those.

Distance Is the Practical Constraint

Contractors price travel and are frequently unwilling to take a residential job far from their base. That produces long waits, and a fire-damaged building waiting is a building deteriorating.

It also widens the spread of offers considerably, because buyers who have visited price accurately and buyers who have not guess in one direction or the other.

Water, Access and Septic Price Into Everything

On rural parcels a buyer is assessing well condition, septic, road access and power alongside the building. Uncertainty about any of them is deducted for.

Where you have recent records for any of these, provide them. It is the cheapest way to narrow the spread between offers.

Values Range Widely

Finished values from Sahuarita to Sierra Vista to Benson vary a great deal within a modest drive, and that decides whether repairing or selling is better more than any legal factor does.

The Region in Context

Where the acreage limit first starts to bite inside the metro, see our page about the Catalina Foothills. Where jurisdictions interleave, see our page for the northwest.

The Sections and Why the Ceiling Matters Out Here

A.R.S. section 33-814(G) reaches only trust property of 2 and one-half acres or less, limited to and utilized for a single 1-family or 2-family dwelling. Section 33-729(A) applies the same test to judicial foreclosure.

Subsection (H) applies to deeds of trust originating on or after 1 January 2015 and names 3 exclusions; Wildwood was decided 23 January 2015.

Statutory References for This Page

The governing provisions are sections 33-814 and 33-729 of the Arizona Revised Statutes. Section 33-814(G) blocks a deficiency action after a trustee's sale; section 33-729(A) covers judicial foreclosure of a purchase money mortgage.

Section 33-814(H) was added by a 2014 amendment applying to deeds of trust originating on or after 1 January 2015, and not to those originating on or before 31 December 2014. BMO Harris Bank, N.A. v. Wildwood Creek Ranch, LLC, 236 Ariz. 363, was decided on 23 January 2015.

Regional Questions

My Place Is on Ten Acres.

Then the anti-deficiency protection does not reach it. That makes an early conversation with an Arizona lawyer more valuable, not less.

Nobody Will Come out to Quote.

Common at distance. Provide well, septic and access records to narrow what buyers are guessing at.

Will You Buy Outside Pima County?

Yes, across southern Arizona, and we will come and look rather than pricing from a map.

Send the Southern Arizona Address

We will check the parcel, what the house is worth and what survived, then send a written figure with the arithmetic behind it.

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