No Loan: It Is Paid Off
Does the Anti-Deficiency Material Apply to Me?
No. With no lender there is no foreclosure and no deficiency. This site's main subject is irrelevant to you, which is the best position to be in.
What Decides My File Then?
What survived and what the house is worth repaired. An engineer answers the first, an agent with no interest in the outcome the second.
Should I Still Get the Parcel Record?
Worth having for a sale, and the acreage no longer carries the significance it does for a borrower.
A Loan, and You Are Current
Is There Anything I Should Do Now?
Establish three facts while you have time: your payoff figure, your parcel acreage and your deed of trust origination date. All three are easy now and harder under pressure.
Can I Sell With a Mortgage on It?
Yes, provided the sale clears the balance. That is the ordinary case and it closes like any other sale.
My Insurer Is Being Slow.
Common, and it is the usual route into difficulty. Escalate the claim before it becomes a payment problem, and consider a public adjuster.
Should I Keep Paying on a House I Cannot Live In?
That is the question for an Arizona lawyer and it is worth the hour. The answer depends on facts specific to your property and loan.
A Loan, and You Have Fallen Behind
How Urgent Is This?
Weeks rather than months. A trustee's sale runs on a statutory timetable and options narrow at each stage.
Will the Shortfall Follow Me?
A.R.S. section 33-814(G) blocks a deficiency action where the property is two and one-half acres or less and limited to and utilized for a single one-family or two-family dwelling. Whether it reaches a burned house is a question for an Arizona lawyer.
Does It Matter That Nobody Lives There Now?
It may. The statute uses the word utilized, and the Arizona Supreme Court in Wildwood said utilized means presently used. That is precisely why this needs advice rather than assumption.
Should I Just Hand Back the Keys?
Not before advice. A deed in lieu is irreversible and it is never the right first step.
Can I Still Sell?
Frequently yes, and it depends on the timetable and on whether a sale clears the balance. Raise both at the first conversation.
Questions About the Parcel and the Paperwork
How Do I Find My Acreage?
The Pima County Assessor's parcel record. Two and one-half acres is a hard line with no discretion in it.
Where Is My Deed of Trust Date?
On the recorded document. Before or after 1 January 2015 decides whether section 33-814(H) applies.
I Refinanced. Does That Change Things?
Possibly, since a refinance produces a new recorded instrument with a new date. Mention it first to any lawyer you speak to.
We Have a Guest House.
Then whether the property is still a single one-family or two-family dwelling is a real question, and one for a lawyer.
Questions Whatever Your Position
The Walls Are Adobe. Is It a Write-Off?
Frequently not. Adobe does not burn, and a specialist assessment often finds far more retainable than a general inspection does.
Can I Sell With an Open Claim?
Yes. Who keeps the proceeds is a contract term rather than a legal barrier.
Am I in Tucson or South Tucson?
The assessor's parcel record settles it. They are separate cities and it changes permitting, though not the state statute.
Is There a Fee for a Figure?
None, and declining costs nothing either.
If your question is specific to your property — and the good ones usually are — send the address. The answer usually turns on the loan and the parcel, and our service area index sets out what changes across the region.