[oscarculp]

I sold property & carried the note on a first deed of trust. They have quit making payments and they will not return my calls. I will be sending a demand letter to them to bring up payments or I will start foreclosure in 10 days. My questions is what do I do if they don't bring up the payments? Is there specific forms to start the foreclosure? This was all done through a Title company. The property is in Arizona. How do I evict them after foreclosure?

[Dr D]

I believe that you will have to hire an attorney specializing in foreclosures. Most likely the Title Company is the Trustee; you are the Beneficiary; and the buyer is the Trustor. You can check with the Title Company, but they probably don't do foreclosures. First there will have to be a Substitution of Trustee, with the attorney being made the new Trustee. Then he/she will have recorded and send out a Notice of Trustee Sale to the Trustor. The Trustor will have a minimum of 90 days to cure the default and pay all costs incurred by you. Failing that, the property will be sold at a Trustee Sale. If no one bids higher than the total that you are owed, the property will go back to you with a Trustee Deed. If the Trustor is not willing to vacate the property, you may have to apply for a Writ of Restitution to physicall recover the property. On the last point I am not sure, because that is used in a rental situation. Good luck.

Correction: Some Title Companies will do a foreclosure