Bullying: It’s Apparently Not Just At School Anymore. What are your rights after trustee sale in Arizona?
a form of aggressive behavior manifested by the use of force or coercion to affect others, particularly when the behavior is habitual and involves an imbalance of power. It can include verbal harassment, physical assault or coercion and may be directed repeatedly towards particular victims, perhaps on grounds of race, religion,gender, sexuality, or ability. The “imbalance of power” may be social power and/or physical power. The victim of bullying is sometimes referred to as a “target”.
Like most people, when you think of bullying you may imagine one or more kids picking on another. Bullying is a major problem at schools throughout the United States, so much so that city’s and states are considering legislation to combat it. Bullying is apparently not reserved for schools anymore, it is rearing its ugly head in housing markets – recently spotted in Phoenix.
Home Sold At Trustee Sale Arizona
Imagine for a moment you are at home, watching TV. You are watching TV but you really can’t focus on what program is on it, in fact you have not been able to focus on anything other than the anticipated knock on the door when your home is sold at trustee sale.
Life has not been easy lately. You may be unemployed or underemployed, maybe you went through a divorce or got sick, whatever the situation – you cannot afford to pay your mortgage anymore.
You tried. You cut back where you could. Less eating out became no eating out. Less premium cable channels became no cable at all. You looked for a job, waiting in long lines at job fairs around the valley, still no call backs.
Then one day, that knock comes. Who is it?
The new owner of your home. Your Arizona home was sold at trustee sale and the new owner is telling you that you have to immediately leave HIS house. Unfortunately this scenario plays itself out hundreds maybe even thousands of times in the Phoenix metro area. Question is, if your Arizona home is sold at trustee sale, do you have to leave immediately? What are your rights? Is the new owner or investor correct or are you being bullied?
I was watching channel 5 news today which provided the inspiration for this post.
The story: a family sold their home through a short sale, something very common here in Phoenix. Within hours of the close of escrow the new owners showed up on their doorstep, waited inside the home for 3.5 hours and allegedly threatened to change the locks and would not leave until the prior owners “coughed up some cash, signed a short term lease and turned over the title to their SUV as collateral”
Rights After Trustee Sale Arizona
Unbelievable. I wrote about this very scenario back in May of 201o in Arizona Homes Sold At Auction What Are Your Rights. Obviously things have still not changed.
So, what are your rights? Do you have to immediately move? If so when?
NO, you do not have to immediately DO ANYTHING.
Turns out, Arizona Law does NOT allow the new owner to change the locks on a home when someone is still living there. The new owners MUST go through the proper channels [court] to start the eviction process or demand any money from you in order to stay in the home.
Don’t allow ANYONE to BULLY YOU, to take advantage of you. You have rights. It’s bad enough to lose something you have worked so hard for, something your children may have called home only to have someone show up and try to intimidate you. If you are at a point where you can no longer make your payments you should explore if a short sale is right for you.
For more information about the Arizona foreclosure process, trustee sale or short sale process or for a referral to a Phoenix real estate attorney that may be able to help you, please fill out the form below or see the Arizona Revised Statutes that cover the Arizona foreclosure process.
Good luck to you…