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Collections Law/AZ secondary home


Someone owns a house valued around $70k in arizona. Does NOT have a mortgage on it, and rents it out, and they themselves live in another state renting an apartment.

Can a debt collector force a foreclosure or sale of the home to satisfy a judgement?  Or can they just put a lien on it?

It's credit card debt, fairly small amount.

Hi JB,

Thats a good question and it depends on what state you are in. The answer is that a judge can force the sale of a property but a judgement would be levied on it until such a time. Most of the time a credit card company will pursue collection means necessary but most will not pay for the foreclosure process to get their money.

My advice to you is to try and settle with the credit card company for 30-40 cents on the dollar and make it go away. If it becomes a judgement then that will stay there for at least 6 years in most states as per the statute of limitations.

More then likely instead of forcing a foreclosure, they will just garnish wages until they get paid up.

Hope that helps.


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Brian Pitcher


I can answer all questions related to Residential Real Estate. In particular I am an expert in the loss mitigation side. I meet with multiple homeowner on a weekly basis and guide them through the issues of being upside down on their mortgage and what they can do to better it. I can answer questions on Loan Modifications, Short Sale, Foreclosure, Strategic Default, Deed in Lieu. I can also answer questions on the buyer/investor side of things in regards to homeownership or home flipping. I can also answer questions regarding the 1099C or cancellation of debt that homeowners get from a short sale or a foreclosure.


I run a team of agents called the Pitcher Group, out of Salt Lake City. We specialize in Short Sales and helping sellers get out of tough situations. We have closed over 100 short sales in the past 3 years with our team. I also am an owner of a Short Sale Negotiation company that helps process short sale transactions for Real Estate Agents all across the country. I understand the investment side of Real Estate as I have bought and sold many rental type homes over the years. I also rehabilitate homes and flip them. We usually have 1 to 3 properties going at any given time. Our completion time from bought to sold is usually less then 4 months.

I am a member of the national Association of Realtors on the national level and the Salt Lake board of Realtors on the local level. I am a member of the Short Sale Specialist Network as well as multiple short sale mastermind groups locally and nationwide.

The Short Sale Specialist Network The Truth about Short Sales, Loan Modifications and Foreclosures (an ebook that I wrote)

Bachelors Degree from the University of Utah in Spanish with an emphasis in Economics. Specialized and on going study of loss mitigation tactics revolved around the banking industry and real estate including FDIC.

Awards and Honors
Bronze Home sales award in 2008 for Keller Williams Gold Home sales award in 2009 For Keller Williams Triple Gold Home sales award in 2010 For Keller Williams Triple Gold home sales award in 2011 For Keller Williams Top Sales agent individual award in 2010 For Keller Williams I have been asked to speak and teach other realtors how to handle short sales for Keller Williams International and also at my local board of Realtors.

Past/Present Clients
I have over 100 successfully closed short sale transactions.

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