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Jay, Other/Just Looking in 85013

How long after a trustee sale does it take for the county to update the new owner?

Asked by Jay, 85013 Fri Aug 17, 2012

How long after a trustee sale does it take for the county to update the new owner? The HOA is contacting the previous owner, yet the trustee sale took place the first week of June. Who shall she contact to have it transferred. Her HOA is threatening her, etc and the place is already rented out to a tenant by the new owner.

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Agreed, you should seek a Real Estate Attorney.
0 votes Thank Flag Link Fri Aug 17, 2012

You should always seek the advice of a Real Estate Attorney. That said here is some information that might help. Keep in mind that there are a lot of details missing in your questions that would make a difference in the answers. This is in no way giving you legal advice:

First, If the person that owned the home prior to the trustee sale was behind on the HOA payments there is money due to the HOA. When it sells at the trustee sale the HOA does not have to write these fees off and normally they don't. The HOA can put a judgement on the person that owned the home prior to the trustee sale. The HOA can also put a lien on the home.

The new owner will then be faced with the issue of this lien on the home. They can refuse to pay it but the lien will remain and if they go to sell the home it will have to be paid prior to the transfer of the property. This is where buying a home at a trustee sale can be a problem. Unless you have a title company do some work for you prior to bidding on a home (such as checking for tax or HOA, or mechanic liens on the property, you could end up buying a home with liens and if the previous owner doesn't pay them they will usually leave the lien on the property until it sells again which at that time the new buyer will need the seller to pay them.

Second: The new owner will be responsible for any HOA fees from the time they picked up the home at auction. The previous owner can tell the HOA that the home is no longer in their name as of whatever date so that they don't keep going after the previous owner for future HOA dues. She should have something showing that the home sold. She would have been notified who was handling the sale and could contact them to see if they could give her something showing that it sold. Normally prior to a trustee sale the owner is receiving a large amount of notifications sent by different avenues to make sure that the owners are aware of the sale. The sale can be postponed and sold at a different date, so have her contact them to see what the actual date was since it is not recorded yet.

Next: To answer your question on how long it takes to show up in the county records. This will depend upon which county. If she is in Pinal county it can take a long time. Maricopa could take 60-90 days, but normally Maricopa does it much faster even at times within 48 hours.

Hope this helps. But again you should always get in touch with a Real Estate Attorney for help.

Best Regards,


Ron & Brenda Cunningham
West USA Realty
Ron 602-499-0694

**** Recognized in the Phoenix Business Journal as "One of the Top 50 Realtors in the Valley" ****
0 votes Thank Flag Link Fri Aug 17, 2012
Any pass due fees with an HOA do not automatically disappear with a Trustee Sale. Outstanding HOA fees follow the seller/homeowner. Not knowing anymore than what you've stated, it sounds like that may by the issue.
0 votes Thank Flag Link Fri Aug 17, 2012
Howdy, in Arizona, the Trustee, typically an attorney or title company, can take up to 14 business days to actually record the deed of ownership - Trustee Sale Deed. The deed will show the actual "sale" date. So, in reality, it can happen the next day, or up to almost 3 weeks later. The previous owner will need to supply the HOA with a copy of the recorded Deed, which she can get online or from a title company. The HOA will not do this research on their own. The prevous owner is only liable for any past due fees through the "sale" date. Any past due HOA fees do not go away.
I hope this info is helpful to you.

Laura Mier, CRS
Realty ONE Group
0 votes Thank Flag Link Fri Aug 17, 2012
Hi Jay:

I happen to be working on a purchase transaction wherein the Trustee Sale took place on April 24, yet the Deed did not get recorded until June 21. It was not the Maricopa County Recorder's fault; the Trustee was either just too busy or misplaced the Deed, so it sat with them for some time.

I would start with the Trustee and trace the paper trail forward from them.

Good luck.

Bill Parker, CPA*
NMLS #223607
0 votes Thank Flag Link Fri Aug 17, 2012
Some counties are faster than others, but June was 10 weeks ago and is enough time for any county to get it changed. Who knows where the HOA is getting their info, they might have a list of owners and they need to update the data they have. A call to the clerk of the court could help.
A call to the police is in order if they are truly threatening her.
0 votes Thank Flag Link Fri Aug 17, 2012
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