Maybe. Whether you can claim a larger share of surplus foreclosure funds by asserting a right of survivorship depends on (1) how the property was deeded, (2) what interest the foreclosed lien actually cut off, and (3) whether you can prove your survivorship interest with recorded documents. In Arizona, a clear survivorship clause or language creating joint tenancy or community property with right of survivorship is key. If the deed does not create that survivorship interest, or if the foreclosed lien covered the interest that would have passed, you may not recover extra funds.

Detailed answer — what matters under Arizona law

1. What creates a right of survivorship in Arizona?

Arizona recognizes ownership arrangements that include a right of survivorship when the deed or other recorded instrument clearly expresses it. Common forms that can create survivorship are:

• Joint tenancy with right of survivorship (explicit language such as “as joint tenants with right of survivorship”).
• Community property with right of survivorship (explicit language such as “as community property with right of survivorship”).

If a deed simply conveys property to two or more people without explicit survivorship language, courts often treat that as a tenancy in common (each owner holds a separate share that passes by will/ intestacy), not as survivorship ownership. To check the governing statutes on property and conveyance, see Arizona Revised Statutes, Title 33 (Property): https://www.azleg.gov/arstitle/33/.

2. How foreclosure sales and surplus funds work

When a deed of trust is foreclosed (typically via a trustee’s sale in Arizona), the sale proceeds first satisfy the foreclosing lien and then pay other recorded liens in priority. If the sale brings in more money than is needed to pay all liens and sale costs, the excess—called surplus funds or overage—must be distributed to the person or persons legally entitled to the property interest that remains after the foreclosure.

Key points that affect entitlement to surplus:

• Who held title at the time of the delinquency and at sale. If a co-owner held title subject to survivorship and that interest remained at time of the sale, that can affect distribution.
• What interest the foreclosed deed of trust actually encumbered. A deed of trust that was recorded against one co-owner’s interest may or may not have encumbered the entire ownership depending on how title was held and how the trust deed was signed and recorded.
• Timing of death. If a co-owner died before the foreclosure sale and survivorship operated, the surviving co-owner may have been sole owner at sale time. If the co-owner died after the sale, their estate might have a claim.

3. Can a surviving joint tenant get more of the surplus?

Potentially yes, if you can show all of the following:

1. The recorded deed (or other recorded evidence) created a survivorship interest that was in effect at the time the foreclosure sale occurred.
2. The foreclosing lien did not completely extinguish the survivorship interest before the sale (for example, by a properly recorded deed or by the language and parties to the deed of trust).
3. You are prepared to prove the survivorship interest with recorded documents (deed, death certificate if applicable, affidavits of surviving joint tenant) and to present that proof promptly to the trustee or court handling surplus distribution.

If these things are true, the surviving owner may be entitled to the portion of the surplus that lawfully follows the ownership interest that remained after foreclosing interests were satisfied.

4. Common complications and obstacles

• Ambiguous deeds. If the deed lacks explicit survivorship language, the court may find tenancy in common, which usually means survivorship does not apply.
• Unrecorded or later-recorded instruments. A later deed or a recorded power of attorney that appears to change ownership may complicate priority and claims.
• Priority of liens. Mortgagees and junior lienholders who record timely claims often have priority over owner claims to surplus, depending on the chain of title and recording dates.
• Statutory or procedural deadlines. The trustee or court distributing surplus may set deadlines to file claims. Missing those deadlines can forfeit your recovery.

5. Hypothetical examples

Example A — Favorable: Alice and Ben hold title “as joint tenants with right of survivorship.” Alice borrows money and signs a deed of trust alone. Alice dies before the trustee’s sale; survivorship vests full title in Ben before the sale. The trustee sells and there are surplus funds. Ben can document survivorship (recorded deed + death certificate) and claim the surplus as the sole owner.

Example B — Unfavorable: Carol and Dan hold title as tenants in common (deed does not say survivorship). Carol obtains a loan and signs a deed of trust that expressly encumbers her one-half interest. The trustee forecloses on Carol’s interest and sells the property; surplus funds arise. Dan does not automatically get Carol’s half of the surplus because Carol’s interest was a separately encumbered share; Carol’s heirs or creditors may have claims. Dan must prove legal ownership rights to part of the surplus by showing his recorded interest and the scope of the foreclosed lien.

6. How to assert a claim to surplus in Arizona — practical steps

1. Order the recorded deed(s) and chain of title from the county recorder to confirm the exact wording of conveyances.
2. Get certified copies of any death certificate(s) if survivorship is based on a co-owner’s death.
3. Contact the trustee that conducted the sale and request the surplus procedure and any claimant forms. The trustee’s notice of sale or sale confirmation often includes contact information and deadlines.
4. Gather evidence of liens and payments, including the deed of trust, recordation info, and any interposed junior liens.
5. If the trustee refuses payment or multiple parties claim the surplus, you may need to file a claim or motion in the Arizona superior court in the county where the sale occurred. Courts often decide competing claims to surplus funds by reference to recorded instruments and equitable principles.
6. Consider hiring an attorney experienced in real estate foreclosure and quiet-title litigation if the claim is contested or the facts are complex.

7. Where to look in the statutes and when to get help

Arizona’s rules on property conveyances and foreclosure procedures are in the Arizona Revised Statutes, Title 33 (Property). For the precise statutory mechanics of trustee’s sales and liens, start at Title 33 and look for chapters on trusts, deeds of trust and foreclosure. Link: https://www.azleg.gov/arstitle/33/.

Because outcomes turn on recorded language and precise timing, consult a real estate attorney promptly to: (a) review recorded documents, (b) determine whether survivorship existed at sale time, and (c) help you file a timely claim if appropriate.

Helpful Hints

• Do not assume survivorship exists just because co-owners were married or listed together. Check the deed wording.
• Act quickly. Trustees and courts may set short deadlines to claim surplus funds.
• Get certified copies of the deed and death certificate early. These are usually decisive documentary proof of survivorship.
• Search the county recorder for recorded liens and deeds to understand who had priority at the time of sale.
• If multiple claimants appear, expect the trustee or court to require clear, recorded evidence and possibly litigation to resolve competing claims.
• When in doubt, consult an attorney experienced with Arizona foreclosure and real property disputes. A short legal consult can save time and preserve rights.