33-805. Deed of trust as security
Deeds of trust may be executed as security for the performance of a contract or contracts. Except with respect to chapter 6 of this title, statutes of this state which refer to mortgages as security instruments are deemed to also include deeds of trust, unless the context otherwise requires.
Structure Arizona Revised Statutes
§ 33-101 - Petition to establish landmarks
§ 33-102 - Minutes or field notes of survey; requirements; recording
§ 33-104 - Right of person making land survey to enter lands; damages for injury to lands
§ 33-105 - Recording of certain land surveys; contents
§ 33-106 - Corner record survey; filing; contents
§ 33-131 - Arizona coordinate system, 1983; zones; composition
§ 33-132 - Coordinates of system; zone definitions
§ 33-133 - Ground markings of system; accuracy specifications; horizontal control stations
§ 33-134 - Tract located in more than one zone; description
§ 33-135 - Reliance of purchaser or mortgagee not required
§ 33-136 - Public lands survey descriptions; conflicts; control
§ 33-137 - Recording, filing, publishing extensions and densifications of the ground marking system
§ 33-138 - Recording prerequisite
§ 33-201 - Duration of interest; fee tail prohibited
§ 33-202 - Estates as property interest; freeholds; chattels real; chattel interests
§ 33-203 - Right to possession of lands; estates in possession; estates in expectancy
§ 33-204 - Estates in expectancy; reversions; future estates; remainders
§ 33-205 - Vested future estates; contingent future estates
§ 33-221 - Estates in expectancy; alienability
§ 33-222 - Alternative future estates
§ 33-223 - Time of creation of estates in expectancy
§ 33-225 - Indefeasibility of expectant estates; exception
§ 33-226 - Defeasibility of expectant estate by terms of grant or devise
§ 33-227 - Contingent remainder as conditional limitation
§ 33-228 - Indestructibility of contingent remainders
§ 33-231 - Rule in Shelley's case abolished
§ 33-233 - Life estate in term of years
§ 33-234 - Time when remainder on life estate or term of years takes effect
§ 33-236 - "Heir" and "issue" as words of limitation
§ 33-237 - Effect of posthumous children upon limitations
§ 33-239 - Use of accumulations for support and education of children
§ 33-240 - Ownership of rents and profits arising during suspension of power of alienation
§ 33-261 - Rule against perpetuities
§ 33-272 - Creation, conveyance, acceptance and duration; impairment; recording; county assessor
§ 33-274 - Validity and assignment of conservation easements
§ 33-275 - Application of other laws
§ 33-301 - Posting of lien law and rates by innkeepers
§ 33-321 - Maintenance of premises
§ 33-322 - Damage to premises; classification
§ 33-323 - Liability of person in possession of land for rent due thereon
§ 33-324 - Denial of landlord's title by lessee in possession prohibited
§ 33-341 - Termination of tenancies
§ 33-342 - Effect of lessee holding over
§ 33-362 - Landlord's lien for rent
§ 33-402 - Forms for conveyances; quit claim; conveyance; warranty; mortgage
§ 33-403 - Easement description; validity
§ 33-404 - Disclosure of beneficiary; recording; failure to disclose
§ 33-405 - Beneficiary deeds; recording; definitions
§ 33-406 - Disclosure of transportation of water to property by motor vehicle or train; definition
§ 33-411.01 - Recording real estate documents; indemnification by transferor
§ 33-412 - Invalidity of unrecorded instruments as to bona fide purchaser or creditor
§ 33-413 - Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor
§ 33-416 - Record of instrument duly recorded as notice
§ 33-420 - False documents; liability; special action; damages; violation; classification
§ 33-420.01 - Suspension of line of credit; payoff demand statement; definitions
§ 33-422 - Land divisions; recording; disclosure affidavit
§ 33-423 - Disclosure; reports; indemnity; applicability; violation; classification
§ 33-432 - Presumption of intention to convey fee
§ 33-434 - Covenants between purchaser and seller
§ 33-434.01 - Seller's duty to disclose; soil remediation; definition
§ 33-435 - Covenants implied from word "grant" or "convey"
§ 33-436 - Effect of insubstantial conditions in conveyance
§ 33-437 - Defective conveyance as contract to convey
§ 33-438 - Sale of property subject to certain liens and encumbrances
§ 33-439 - Restrictions on installation or use of solar energy devices invalid; exception
§ 33-440 - Enforceability of private covenants; amendment of declaration; definitions
§ 33-441 - For sale signs; restrictions unenforceable
§ 33-442 - Prohibition on transfer fees; exceptions; definitions
§ 33-451 - Conveyance of separate property
§ 33-452 - Conveyance of community property
§ 33-453 - Conveyance of homestead
§ 33-455 - Conveyance of absolute title by judicial sale; effect upon rights of persons not parties
§ 33-456 - Passage of title to real or personal property by judgment
§ 33-457 - Fraudulent representation by married person of ability to convey realty; classification
§ 33-458 - Resale of realty with intent to defraud; classification
§ 33-511 - Acknowledgment within the state
§ 33-512 - Acknowledgment by a married woman
§ 33-513 - Action to correct certificate of acknowledgment
§ 33-701 - Interests which may be mortgaged; formal requirements; recording
§ 33-702 - Mortgage defined; admissibility of proof that transfer is a mortgage
§ 33-705 - Purchase money mortgage or deed of trust; priority
§ 33-706 - Assignment of mortgage; recording as notice
§ 33-707 - Acknowledgment of satisfaction; recording
§ 33-708 - Release by attorney in fact
§ 33-710 - Release by foreign personal representative, administrator, guardian or conservator
§ 33-711 - Release by heir or legatee
§ 33-712 - Liability for failure to acknowledge satisfaction
§ 33-713 - Discharge by order of court; proof required; effect
§ 33-714 - Expiration of mortgage and deed of trust; applicability
§ 33-715 - Payoff demands; definitions
§ 33-721 - Foreclosure of mortgage by court action
§ 33-722 - Election between action on debt or to foreclose
§ 33-723 - Right of junior lien holder upon foreclosure action by senior lien holder
§ 33-724 - State as party to foreclosure actions
§ 33-725 - Judgment of foreclosure; contents; sale of property; resale
§ 33-727 - Sale under execution; deficiency; order of liens; writ of possession
§ 33-728 - Recording upon record that mortgage is foreclosed and judgment satisfied; effect
§ 33-729 - Purchase money mortgage; limitation on liability
§ 33-742 - Forfeiture of interest of purchaser in default under contract
§ 33-743 - Notice of election to forfeit and reinstatement of purchaser's interest
§ 33-744 - Completion of forfeiture by judicial process
§ 33-745 - Completion of forfeiture by notice
§ 33-746 - Request for copy of notice of election to forfeit
§ 33-747 - Appointment of successor account servicing agent
§ 33-748 - Seller's right to foreclose
§ 33-750 - Conveyance by seller; payment in full; payoff deed
§ 33-802 - Description of trust property; mailing address of trustor and trustee
§ 33-803 - Trustee of trust deed; qualifications
§ 33-803.01 - Trustee of trust deed; delegation of duties
§ 33-804 - Appointment of successor trustee by beneficiary
§ 33-805 - Deed of trust as security
§ 33-806 - Transfers in trust of real property; uses
§ 33-806.01 - Trustor's right to transfer; transfer fee limit; interest rate increase limit
§ 33-807 - Sale of trust property; power of trustee; foreclosure of trust deed
§ 33-808 - Notice of trustee's sale
§ 33-810 - Sale by public auction; postponement of sale
§ 33-811 - Payment of bid; trustee's deed
§ 33-812 - Disposition of proceeds of sale
§ 33-814 - Action to recover balance after sale or foreclosure on property under trust deed
§ 33-816 - Limitation on action or sale of trust property
§ 33-817 - Transfer of secured contract
§ 33-818 - Notice from instruments recorded; assignment of a beneficial interest
§ 33-819 - Exempt transactions
§ 33-820 - Trustee's right to rely; attorney's right to act for trustee and beneficiary
§ 33-821 - Exemption from definition
§ 33-901 - Lien for furnishing labor or machinery upon agricultural land
§ 33-902 - Procedure to claim lien; foreclosure
§ 33-905 - Demand by lien holder for enforcement of lien against whole or part of property covered
§ 33-906 - Joinder of actions; costs
§ 33-907 - Enforcement of judgment
§ 33-908 - Additional remedies
§ 33-909 - Release of farm services lien
§ 33-932 - Perfecting lien; statement of claim; recording; effect
§ 33-933 - Recording and indexing lien claim
§ 33-934 - Release of claim by injured person ineffective as to lienholder; action to enforce lien
§ 33-935 - Workers' compensation cases exempted
§ 33-936 - Release of hospital lien; liability
§ 33-937 - Limitation of lien or assignment; compromise; cause of action; attorney fees
§ 33-951 - Lien on baggage and property of guests
§ 33-952 - Sale of property; notice
§ 33-962 - Procedure for filing judgment of justice or municipal court; recording; lien
§ 33-963 - Procedure for recording judgment of federal court; lien
§ 33-965 - Entry of reversal or remittitur upon judgment docket; affidavit
§ 33-966 - Superiority of lien for personal injury judgment against person operating railway
§ 33-968 - Erroneously identified property owner; lien; release
§ 33-983 - Lien for improvements to city lots or other land
§ 33-984 - Lien for labor or materials furnished mill, factory or hoisting works
§ 33-985 - Lien for labor or materials furnished domestic vessel
§ 33-986 - Lien for labor in cutting wood, logs or ties
§ 33-987 - Lien for labor or materials furnished on waterways, highways, excavations or land
§ 33-988 - Lien for labor or materials furnished railroad
§ 33-989 - Lien for labor or material furnished mines and mining claims; priority
§ 33-990 - Posting of "no lien" notice by owner not operating mine; violation; classification
§ 33-991 - Lands to which liens extend; rural lands; city lots; subdivision lots; mining claims
§ 33-992 - Preference of liens over subsequent encumbrances; professional services liens
§ 33-992.02 - Proof of mailing of preliminary twenty day notice; receipt; affidavit
§ 33-993 - Procedure to perfect lien; notice and claim of lien; service; recording; definitions
§ 33-996 - Joinder of persons claiming liens; claimant as party defendant; intervention
§ 33-997 - Sale of property to satisfy lien
§ 33-998 - Limitation of action to foreclose lien; attorney fees
§ 33-1001 - Priority of claims for current wages owed by owner of property under levy
§ 33-1002 - Definitions; inapplicability of certain liens to owner-occupied dwelling; waiver void
§ 33-1003 - Payment bond in lieu of lien right; bond purposes and conditions; recording
§ 33-1005 - Payments made in trust
§ 33-1006 - Release of mechanic's and materialman's liens; liability
§ 33-1007 - Definition of professional services
§ 33-1021 - Lien for labor or materials furnished on personal property; right to possess property
§ 33-1021.01 - Dry cleaners' and launderers' lien; foreclosure
§ 33-1022.01 - Fabrication work; lien
§ 33-1023 - Sale of property; disposal of proceeds
§ 33-1032 - Place of filing or recording
§ 33-1033 - Execution of notices and certificates
§ 33-1034 - Filing or recording officer; duties
§ 33-1052 - Stop notice; defect in form
§ 33-1054 - Persons authorized; notice to owner; failure to serve notice after demand
§ 33-1057 - Withholding of money by owner; payment bond
§ 33-1058 - Withholding monies by construction lenders; payment bond
§ 33-1059 - Assignment of monies; effect
§ 33-1060 - Pro rata distribution of monies
§ 33-1062 - Release of stop notice or bonded stop notice; surety bond
§ 33-1063 - Commencement of actions; limitations
§ 33-1064 - Dismissal or judgment
§ 33-1065 - Consolidation of actions
§ 33-1071 - Commercial real estate broker lien; definition
§ 33-1072 - Lien attachment; notice of commercial real estate broker lien; notice to owner
§ 33-1073 - Contents of notice of lien; verification
§ 33-1074 - Foreclosure; limitation of action; attorney fees
§ 33-1075 - Satisfaction of lien; damages
§ 33-1101 - Homestead exemptions; persons entitled to hold homesteads; equity
§ 33-1103 - Homestead exemption; extent of exemption; exceptions
§ 33-1104 - Abandonment of homestead; encumbrance of homestead
§ 33-1105 - Sale by judgment creditor of property subject to homestead exemption
§ 33-1121.01 - Availability of exemptions
§ 33-1122 - Debtor's property not exempt from process
§ 33-1123 - Household furniture, furnishings and appliances
§ 33-1124 - Food, fuel and provisions
§ 33-1126 - Money benefits or proceeds; exception
§ 33-1128 - Fire fighting equipment
§ 33-1129 - Public property or property of a public character
§ 33-1130 - Tools and equipment used in a commercial activity, trade, business or profession
§ 33-1131 - Definition; wages; salary; compensation
§ 33-1132 - Waiver of exemption rights void
§ 33-1133 - Other exemption laws
§ 33-1151 - Exemption from execution
§ 33-1153 - Abandonment of exemption; maintenance of residency
§ 33-1204 - Separate titles and taxation
§ 33-1205 - Applicability of local ordinances, rules and building codes
§ 33-1211 - Creation of condominium
§ 33-1213 - Construction and validity of declaration and bylaws
§ 33-1214 - Description of units
§ 33-1215 - Contents of declaration
§ 33-1216 - Leasehold condominiums
§ 33-1217 - Allocation of common element interests, votes and common expense liabilities
§ 33-1218 - Limited common elements
§ 33-1220 - Exercise of development rights
§ 33-1221 - Alterations of units
§ 33-1222 - Relocation of boundaries between adjoining units
§ 33-1223 - Subdivision of units
§ 33-1224 - Easement for encroachments
§ 33-1225 - Use for sale purposes
§ 33-1226 - Easement to facilitate exercise of special declarant rights
§ 33-1227 - Amendment of declaration
§ 33-1228 - Termination of condominium
§ 33-1229 - Rights of secured lenders
§ 33-1230 - Merger or consolidation of condominiums
§ 33-1241 - Organization of unit owners' association
§ 33-1242 - Powers of unit owners' association; notice to unit owner of violation
§ 33-1244 - Transfer of special declarant rights
§ 33-1245 - Termination of contracts and leases of declarant; applicability
§ 33-1247 - Upkeep of the condominium
§ 33-1248 - Open meetings; exceptions
§ 33-1249 - Quorums; applicability
§ 33-1250 - Voting; proxies; absentee ballots; applicability; definition
§ 33-1251 - Tort and contract liability
§ 33-1252 - Conveyance or encumbrance of common elements
§ 33-1252.01 - Conveyance of certain real property
§ 33-1255 - Assessments for common expenses; applicability
§ 33-1257 - Other liens affecting the condominium
§ 33-1258 - Association financial and other records; applicability
§ 33-1259 - Association as trustee
§ 33-1260 - Resale of units; information required; fees; civil penalty; applicability; definition
§ 33-1260.01 - Rental property; unit owner and agent information; fee; disclosure
§ 33-1270 - Department of real estate; enforcement
§ 33-1303 - Supplementary principles of law applicable
§ 33-1304 - Applicability of chapter
§ 33-1305 - Administration of remedies; enforcement; notice and pleading requirements
§ 33-1306 - Settlement of disputed claim or right
§ 33-1307 - Territorial application
§ 33-1308 - Exclusions from application of chapter
§ 33-1310 - General definitions
§ 33-1311 - Obligation of good faith
§ 33-1314 - Terms and conditions of rental agreement; contact information; property; pets
§ 33-1315 - Prohibited provisions in rental agreements
§ 33-1316 - Separation of rents and obligations to maintain property forbidden
§ 33-1318.01 - Early release termination for law enforcement officers; definition
§ 33-1319 - Bedbug control; landlord and tenant obligations; definitions
§ 33-1322 - Disclosure and tender of written rental agreement
§ 33-1323 - Landlord to supply possession of dwelling unit
§ 33-1324 - Landlord to maintain fit premises
§ 33-1325 - Limitation of liability
§ 33-1329 - Regulation of rents; authority
§ 33-1330 - Transfer of records on sale
§ 33-1331 - Notice of foreclosure; effect on lease; damages
§ 33-1432 - Disclosure of written rental agreement
§ 33-1433 - Landlord to deliver possession of mobile home space
§ 33-1434 - Landlord to maintain fit premises
§ 33-1435 - Limitation of liability
§ 33-1436 - Statement of policy; amendment; contents; new statements
§ 33-1438 - Transfer of records; sale of park
§ 33-2123 - Landlord to maintain fit premises
§ 33-1341 - Tenant to maintain dwelling unit
§ 33-1342 - Rules and regulations
§ 33-1344 - Tenant to use and occupy as a dwelling unit
§ 33-1452 - Rules and regulations
§ 33-1454 - Tenant to occupy as a dwelling unit; authority to sublet
§ 33-2131 - Tenant to maintain recreational vehicle space
§ 33-1361 - Noncompliance by the landlord
§ 33-1362 - Failure to deliver possession
§ 33-1363 - Self-help for minor defects
§ 33-1365 - Landlord's noncompliance as defense to action for possession or rent; definition
§ 33-1366 - Fire or casualty damage
§ 33-1367 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
§ 33-1369 - Failure to maintain
§ 33-1370 - Abandonment; notice; remedies; personal property; definition
§ 33-1371 - Acceptance of partial payments; waiver of right to terminate; exception
§ 33-1372 - Landlord liens; distraint for rent
§ 33-1373 - Remedy after termination
§ 33-1374 - Recovery of possession limited
§ 33-1375 - Periodic tenancy; hold-over remedies
§ 33-1376 - Landlord and tenant remedies for abuse of access
§ 33-1377 - Special detainer actions; service; trial postponement
§ 33-1379 - Eviction action; dismissal; sealed records
§ 33-1471 - Noncompliance by the landlord
§ 33-1472 - Failure to deliver possession
§ 33-1473 - Self-help for minor defects
§ 33-1474 - Wrongful failure to supply essential services
§ 33-1475 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
§ 33-1476.02 - Mobile home relocation fund; investment of monies
§ 33-1476.03 - Assessments for mobile home relocation fund; waiver
§ 33-1476.04 - Relocations due to rent increase; mobile home relocation fund; applicability
§ 33-1477 - Failure to maintain by tenant
§ 33-1478 - Remedies for abandonment; required registration
§ 33-1480 - Landlord liens; distraint for rent abolished
§ 33-1481 - Remedy after termination
§ 33-1482 - Recovery of possession limited
§ 33-1483 - Periodic tenancy; holdover remedies
§ 33-1484 - Landlord and tenant remedies for abuse of access
§ 33-1485 - Special detainer actions; service; trial postponement
§ 33-1485.01 - Removal of mobile home from mobile home park; violation; joint and several liability
§ 33-2141 - Noncompliance by the landlord
§ 33-2142 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
§ 33-2145 - Remedy after termination
§ 33-2146 - Failure to maintain by tenant
§ 33-2147 - Periodic tenancy; holdover remedies
§ 33-2148 - Retaliatory conduct prohibited; eviction
§ 33-2151 - Assessments for mobile home relocation fund; waiver
§ 33-1381 - Retaliatory conduct prohibited
§ 33-1491 - Retaliatory conduct prohibited; eviction
§ 33-1403 - Supplementary principles of law applicable
§ 33-1404 - Administration of remedies; enforcement; notice and pleading requirements
§ 33-1405 - Settlement of disputed claim or right
§ 33-1406 - Territorial application
§ 33-1407 - Exclusions from application of chapter
§ 33-1408 - Jurisdiction and service of process; recovery of attorney fees; treble damages
§ 33-1410 - Obligation of good faith
§ 33-1413 - Terms and conditions of rental agreement
§ 33-1413.01 - Utility charges; waste, garbage and rubbish removal charges
§ 33-1414 - Prohibited provisions in rental agreements; late payment penalty
§ 33-1415 - Separation of rents and obligations to maintain property forbidden
§ 33-1416 - Preemption by state; regulation of rents; exception
§ 33-1417 - Rebates and referrals prohibited; mobile homes and manufactured homes; damages
§ 33-1418 - Incorporated tenants' park purchase association
§ 33-1419 - Inheritance of mobile home; requirements
§ 33-1501 - Affidavit of affixture for mobile home in mobile home park
§ 33-1571 - Real property loans; exercise of due on sale clauses; prohibition
§ 33-1701 - Definitions; exception
§ 33-1702 - Residential use; prohibition
§ 33-1703 - Lien; rental agreement; contents; late fees
§ 33-1704 - Enforcement of lien
§ 33-1705 - Notice posted in the office
§ 33-1706 - Failure to comply; penalty
§ 33-1801 - Applicability; exemptions; voluntary election to be subjected to chapter
§ 33-1803 - Assessment limitation; penalties; notice to member of violation
§ 33-1804 - Open meetings; exceptions
§ 33-1805 - Association financial and other records
§ 33-1806 - Resale of units; information required; fees; civil penalty; definition
§ 33-1806.01 - Rental property; member and agent information; fee; disclosure
§ 33-1807 - Lien for assessments; priority; mechanics' and materialmen's liens; notice
§ 33-1809 - Parking; public service and public safety emergency vehicles; definition
§ 33-1810 - Board of directors; annual audit
§ 33-1811 - Board of directors; contracts; conflict
§ 33-1812 - Proxies; absentee ballots; definition
§ 33-1813 - Removal of board member; special meeting
§ 33-1814 - Slum property; professional management
§ 33-1815 - Association authority; commercial signage
§ 33-1816 - Solar energy devices; reasonable restrictions; fees and costs
§ 33-1817 - Declaration amendment; design, architectural committees; review
§ 33-1818 - Community authority over public roadways; applicability
§ 33-1819 - Artificial turf ban; prohibition; restrictions; attorney fees; applicability
§ 33-1903 - Appointment of temporary receiver; term; duties, accounting
§ 33-1905 - Slum property; appeal
§ 33-1906 - Licensed property management company; training program
§ 33-1907 - Registration with one-call notification center
§ 33-2002 - Homeowners' association dwelling actions; conditions
§ 33-2101 - Application; duration of stay; exclusions; notice and pleading requirements
§ 33-2103 - Obligation of good faith
§ 33-2105 - Terms and conditions of rental agreement; notice, removal
§ 33-2106 - Prohibited provisions in rental agreements
§ 33-2203 - Management of timeshare plan and timeshare property
§ 33-2206 - Duties of the managing entity
§ 33-2207 - Foreclosure of assessment liens
§ 33-2208 - Association open meetings; exceptions; notices
§ 33-2209 - Financial and other records
§ 33-2211 - Trustee's sale of timeshare estates; notice; cure; notice to prevent sale; definitions
§ 33-2301 - Commercial buildings; telecommunications service; notice; definition
§ 33-2302 - Applicability; commercial properties
§ 33-2401 - Access to private property
§ 33-2501 - Drop box; private property; required consent; exemptions; definitions
§ 33-2602 - Notice and opportunity for hearing; exceptions
§ 33-2605 - Appointment of receiver
§ 33-2606 - Disqualification from appointment as a receiver; exceptions; nomination
§ 33-2607 - Receiver's bond; alternative security
§ 33-2608 - Status of receiver as lien creditor
§ 33-2609 - Security agreement covering after-acquired property
§ 33-2610 - Collection and turnover of receivership property
§ 33-2611 - Powers and duties of receiver
§ 33-2614 - Engagement and compensation of professional
§ 33-2616 - Executory contract; definition
§ 33-2617 - Defenses and immunities of receiver
§ 33-2618 - Interim report of receiver
§ 33-2620 - Removal of receiver; replacement; termination of receivership
§ 33-2621 - Final report of receiver; discharge
§ 33-2622 - Receivership in another state; ancillary proceeding
§ 33-2623 - Effect of enforcement by mortgagee
§ 33-2624 - Court's authority under this chapter
§ 33-2625 - Uniformity of application and construction
§ 33-2626 - Relation to electronic signature in global and national commerce act