Substitution of Trustee
(Nonjudicial Foreclosure) (AZ)

Summary

This substitution of trustee template may be used in Arizona to appoint a successor trustee under a deed of trust. This template contains practical guidance and drafting notes. In Arizona, if a deed of trust fails to list a trustee, the existing trustee resigns, the deed of trust incorrectly lists a trustee, or the beneficiary decides to remove the trustee for any reason, the beneficiary is empowered to substitute another qualified person or entity as the new trustee. See Ariz. Rev. Stat. § 33-804. Often, if a beneficiary under a deed of trust wishes to foreclose on the secured property pursuant to a power of sale, a successor trustee must be appointed prior to initiating a trustee's sale. A notice of substitution of trustee, in the form set forth in Ariz. Rev. Stat. § 33-804, must be executed by the substitute trustee and recorded. This template tracks the statutory form. For further guidance see Commercial and Residential Foreclosure (AZ) and Foreclosure Resource Kit (AZ).