§ 8.3.2.10 The Trustee’s Deed. Upon receipt of payment in form satisfactory to the trustee, the trustee must execute and deliver a trustee’s deed to the purchaser. A.R.S. § 33-811(B) . See Form 8:23 (Trustee’s Deed). A.R.S. § 33-811 provides that the trustee’s deed raises the presumption of compliance with the statutes on trustee’s sales, including recording, mailing, publishing, posting, and the conduct of sale, and also with the deed of trust itself. The trustee’s deed operates to convey to the purchaser all title, interest, and claim in the trust property of the trustee, the trustor, the beneficiary, their successors, and all persons claiming the trust property by or through any of them. BT Capital, LLC v. TD Service Co. of Arizona, 229 Ariz. 299, 275 P.3d 598 (2012) . The purchaser at a trustee’s sale may utilize the eviction/forcible detainer remedy to evict the occupant of the property following the trustee’s sale. Andreola v. The Arizona Bank, 26 Ariz. App. 556, 550 P.2d 110 (1976) . The subsequent execution, delivery, and recordation of a trustee’s deed are ministerial acts. A.R.S. § 33-810(A) . This section clarifies that conducting the sale dispossesses the trustor and subsequent lienholders of any interest in the property, such that an intervening bankruptcy petition, filed after the sale but before the deed is finalized, will not protect the interests of a trustor or subsequent lienholder.
A statutory addition made in 2002, although lacking published appellate decisions until only relatively recently, provides that the trustor (as well as all interested parties to whom the trustee mails a notice of the trustee’s sale) waives all defenses and objections to a trustee’s sale if not raised in a court action which results in...
