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Current as of January 01, 2025 | Updated by Findlaw Staff
A. Except as provided in §§ 33-729 and 33-730, if the mortgaged property does not sell for an amount sufficient to satisfy the judgment, an execution may be issued for the balance against the mortgagor where there has been personal service, or the defendant has appeared in the action.
B. If there are other liens on the property sold, or other payments secured by the same mortgage, they shall be paid in their order, and if the money secured by any such lien is not yet due, a rebate of interest, to be ascertained by the court, shall be made by the holder, or his lien on such property will be postponed to those of a junior date, and if there are no other liens the balance shall be paid to the mortgagor. If redemption is not made and the mortgagor or his assigns refuse, after expiration of the time for redemption, to deliver possession of the foreclosed property, the court shall order a writ of possession issued placing the purchaser or his assigns in possession. All executions upon judgments for foreclosure of a mortgage or deed of trust upon real property shall comply with § 12-1566. Any sale of real property to satisfy a judgment under § 33-725 or 33-814 shall be a credit on the judgment in the amount of either the fair market value of the real property or the sale price of the real property at sheriff's sale, whichever is greater, in accordance with § 12-1566.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 33. Property § 33-727. Sale under execution; deficiency; order of liens; writ of possession - last updated January 01, 2025 | https://codes.findlaw.com/az/title-33-property/az-rev-st-sect-33-727/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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