The Arizona Form 3003 deed of trust is the Fannie Mae/Freddie Mac uniform instrument used to secure a residential home loan with a lien on Arizona real property. To complete and record it correctly, you fill in the parties, legal description, and loan figures exactly as they appear on the promissory note; name a trustee who qualifies under Arizona law; sign in front of a notary; and submit the original to the recorder in the county where the property is located. The current version is dated July 2021 and is available from Fannie Mae’s legal documents page.1Fannie Mae. Fannie Mae Legal Documents The form creates a three-party arrangement: the borrower (trustor) pledges the property to a trustee, who holds a power of sale on behalf of the lender (beneficiary) until the loan is paid.2Federal Housing Finance Agency. Form 3003 – Arizona Deed of Trust
What You Need Before You Start Filling In the Form
Most problems with Form 3003 trace back to information that was wrong or inconsistent before anyone picked up a pen. Gather the following first.
Full Legal Names and Addresses of the Parties
You need the exact legal name and current mailing address for the borrower (trustor), the lender (beneficiary), and the trustee. The names on the deed of trust must match the names on the promissory note and other loan documents character for character. A middle initial on one document and a full middle name on the other is enough to cause complications in a future title search.3Freddie Mac. Arizona Deed of Trust Form 3003
The Legal Description of the Property
A street address will not do. The form calls for the property’s legal description, which is the formal identification used in land records — typically a lot and subdivision reference for platted land or a metes-and-bounds description for unplatted parcels. The cleanest source is the most recent recorded deed for the property. Your county recorder, assessor, or treasurer can also provide it.4AZ Court Help. Can You Provide Me With a Legal Description of My Property? Copy the description verbatim. Even minor wording differences from what already exists in the chain of title can cloud ownership.
Note Date and Loan Amount
Form 3003 is secured by, and references, a specific promissory note. You need the date the note was signed and the principal amount in both words and numerals, filled into the sentence that reads: “The Note evidences the legal obligation of each Borrower who signed the Note to pay Lender ______ Dollars (U.S. $______) plus interest.”3Freddie Mac. Arizona Deed of Trust Form 3003 These figures have to match the note exactly. A mismatch invites later disputes about how much is actually secured.
Picking a Trustee Who Qualifies Under Arizona Law
Arizona does not let the parties name anyone they like as trustee. A.R.S. § 33-803 limits the role to specific categories of qualifying persons and entities, and naming someone outside those categories can undermine the lender’s power of sale.
Under the statute, the trustee must be one of the following:5Arizona Legislature. Arizona Revised Statutes 33-803 – Trustee of Trust Deed Qualifications
- A bank, trust company, savings and loan association, credit union, insurance company, escrow agent, or consumer lender doing business in Arizona.
- An active member of the State Bar of Arizona.
- A person licensed as a real estate broker in Arizona.
- A person licensed as an insurance producer under Arizona law.
- An association or corporation chartered or regulated by the FDIC, OCC, Federal Home Loan Bank, NCUA, Farm Credit Administration, or Federal Reserve Board.
A parent corporation of a qualifying entity can also serve. In practice, title and escrow companies handle most residential closings and act as trustee themselves, since they already qualify as licensed escrow agents.
Signing in Front of a Notary
The borrower has to sign the completed form before a notary public. Arizona requires every conveyance of real property to be signed by the grantor and acknowledged before an authorized officer.6Arizona Legislature. Arizona Revised Statutes 33-401 – Formal Requirements of Conveyance Without a proper acknowledgment, the recorder will not accept the document.7Arizona Legislature. Arizona Revised Statutes 33-411 – Invalidity of Unrecorded Instrument The notary confirms your identity, verifies the signing is voluntary, and attaches a seal. Recorder’s offices do not provide notary services, so handle this ahead of time; banks, title companies, and shipping stores commonly offer it.
If the document is signed outside Arizona, it is still valid for recording in Arizona as long as the acknowledgment complies with the laws of the state where it was signed.7Arizona Legislature. Arizona Revised Statutes 33-411 – Invalidity of Unrecorded Instrument
Recording the Deed of Trust
After notarization, submit the original Form 3003 to the recorder’s office in the county where the property is located. Recording is what puts the public on notice of the lien and preserves the lender’s priority. An unrecorded deed of trust can be defeated by a later creditor who records first.
How to Submit
Most counties accept documents in person, by mail, or electronically. All fifteen Arizona counties participate in at least one e-recording network, which transmits the document through an authorized vendor and confirms receipt almost immediately.8CSC Global. eRecording in Arizona By mail, send the original notarized document along with a self-addressed return envelope. Do not send a copy.
Recording Fee
The base statewide recording fee is $30 per instrument under A.R.S. § 11-475.9Arizona Legislature. Arizona Revised Statutes 11-475 – Fees Exemptions Some counties add small surcharges, so confirm the total with your recorder before paying.
Affidavit of Property Value Is Not Required
Arizona ordinarily requires an Affidavit of Property Value with recorded transfers, but deeds of trust are exempt. A.R.S. § 11-1134 excludes transfers made solely to provide or release security for a debt.10Arizona Legislature. Arizona Revised Statutes 11-1134 – Exemptions Rather than attaching the affidavit, note the exemption code “A.R.S. 11-1134 B1” on the face of the document, beneath the legal description.11Arizona Department of Revenue. Affidavit of Property Value
What You Get Back
Once the recorder processes the document, it is stamped with a unique instrument number (or docket and page) that becomes its permanent reference.12Maricopa County Recorder’s Office. Recording Requirements The original is mailed back to the address in the “return to” block. Keep a copy. You will need that recording number later if you ever release, subordinate, or reference the lien.
Clearing the Lien After the Loan Is Paid Off
Recording the deed of trust is only half the lifecycle. When the loan is fully paid, the lien does not drop off on its own. The beneficiary or trustee must execute and record a deed of reconveyance (also called a release) referencing the original recording number. A.R.S. § 33-707 requires this within sixty days of full satisfaction.13Arizona Legislature. Arizona Revised Statutes 33-707 – Acknowledgment of Satisfaction Recording
If the lender misses that window, a title insurer can prepare and record the release on the borrower’s behalf after giving at least thirty days’ notice.13Arizona Legislature. Arizona Revised Statutes 33-707 – Acknowledgment of Satisfaction Recording And under A.R.S. § 33-420, a party who knowingly refuses to release an invalid lien within twenty days of a written demand is liable for at least $1,000 or treble actual damages, plus attorney fees.14Arizona Legislature. Arizona Code 33-420 If your payoff clears but the lien still shows on title a couple of months later, send the lender a written demand and contact a title company if nothing happens.
What the Deed of Trust Lets the Lender Do If You Default
Before signing, understand what you are giving the trustee the authority to do. The deed of trust carries a built-in power of sale, which lets the trustee auction the property without a lawsuit if the borrower defaults and does not cure. The trustee records a notice of sale, and the sale cannot occur until at least ninety-one days after that recording. During that period, the notice is also mailed to the borrower, posted on the property, and published in a local newspaper.15Arizona Legislature. Arizona Revised Statutes 33-807 – Sale of Trust Property Power of Trustee
Arizona also gives the borrower a reinstatement right. Under A.R.S. § 33-813, you can stop the sale by paying all past-due amounts (not the full loan balance), plus trustee costs and reasonable attorney fees, up until 5:00 p.m. Mountain Standard Time on the last business day before the sale. Trustee fees for reinstatement are capped at $600 or one-half of one percent of the unpaid principal, whichever is greater. The trustee must, on request, provide a good-faith estimate of what is needed, and must give exact figures within five business days of a written request after the notice of sale is recorded.16Arizona Legislature. Arizona Revised Statutes 33-813 – Default in Performance of Contract Secured Reinstatement
One boundary worth noting at signing: there is no statutory right of redemption after a non-judicial trustee’s sale in Arizona. Once the auction closes, the borrower cannot buy the property back by paying the sale price.