Arizona Laws 48-531. Procedure for purchaser to obtain deed; evidentiary effect of superintendent’s deed
A. At any time after the expiration of twelve months from the date of sale, the superintendent shall execute and deliver to the purchaser, or his assignee, on his application, if he has fully complied with this section, a deed to the property sold, in which shall be recited substantially the matters contained in the certificate, any assignment thereof, and that no person has redeemed the property.
Terms Used In Arizona Laws 48-531
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
- Improvement: includes all the improvements mentioned in this article, and the term or terms "street opening or widening" and "opening or widening" include all improvements mentioned in this article. See Arizona Laws 48-501
- Owner: means the person in whom, on the day the action or proceeding is commenced, appears the legal title to the lot by deed recorded in the recorder's office, or the person in possession of the lot under claim of title, or exercising acts of ownership over the lot for the person, or as the personal representative of the owner. See Arizona Laws 48-571
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Street: includes avenues, alleys, highways, lanes, crossings, intersections, courts, places and grounds now open or dedicated or hereafter opened or dedicated to public use, and public ways. See Arizona Laws 48-571
- superintendent: includes any person who, under whatever official name, is charged with the care or supervision of the streets of the city or town. See Arizona Laws 48-571
B. The purchaser or his assignee shall at least thirty days before application for a deed, serve upon the owner, and if the property is occupied, upon the occupant, a written notice that the property, giving the description, has been sold for a delinquent assessment, specifying the improvement for which it was made, the amount for which it was sold, the amount necessary to redeem at the time of giving notice, and the time when the purchaser or assignee will apply to the street superintendent for a deed.
C. If the owner cannot be found, after due diligence, the notice shall be posted in a conspicuous place upon the property at least thirty days before the time stated therein of the application for a deed. The applicant shall file with the superintendent an affidavit showing that notice of the application has been given, as required by this section, and if the notice was not served on the owner personally, that due diligence was used to find the owner.
D. If redemption of the property is made after the affidavit is filed, and more than eleven months from the date of sale, the person making the redemption shall pay for payment to the purchaser, three dollars in addition for service of notice and making the affidavit.
E. The deed of the superintendent shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the execution thereof, and of title in the grantee.