You can start a non-judicial foreclosure in CA and AZ if you (i) are the beneficiary, or assigned beneficiary of a Note (a promise to pay) (ii) the Note is secured by a Deed of Trust which encumbers real property and (iii) the borrower has defaulted under the terms of the Note , such as failing to pay the monthly payment, taxes, or insurance or other reasons which may be defined as a default under your loan documents