The governer's office has approved the special session of the legislature to review repealing the anti-defiency status. The good news is the Senate has transmitted HB 2008 to the governor's office. Depending on the circumstances, Governor Brewer could have up to 10 days to sign, veto, or allow the bill to go into law without her signature.
There are a couple of other provisions contained in HB 2008, including partial language from HB 2269 that effects the notification of tenants in foreclosed properties. The language requires the trustee to notify the tenant that the property is in foreclosure by mailing a copy of the Notice of Foreclosure to the property. This will not effect the Federal tenant protection law that went into effect in late May. That law states that if a primary occupant purchase a home with a tenant in it which was foreclosured upon, the tenant is given a 90 day notice to vacate. If purchased by an investor, he must honor the lease term. Back to Arizona law, another provision of HB 2008 allows the Arizona Secretary of State to provide the Arizona Landlord Tenant Act on its website instead of providing printed copies. Stay tuned for more information regarding HB 2008.