Arizona Laws 48-944. Deed to purchaser; notice to owner; redemption after notice; effect of deed
A. After the expiration of thirteen months from the date of sale, the superintendent shall execute to the purchaser, or his assignee, on his application, if he has fully complied with the provisions of 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. The superintendent shall receive from the applicant for a deed one dollar for making the deed, unless the district is the purchaser.
Terms Used In Arizona Laws 48-944
- 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 any of the improvements mentioned and authorized to be made in this article, the construction, reconstruction and repair of all or any portion of any such improvement, and labor, services, expenses and material necessary or incidental thereto. See Arizona Laws 48-901
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner: means the person in whom legal title appears by recorded deed, or the person in possession under claim or title, or the person exercising acts of ownership for himself or as the personal representative of the owner, including the boards of trustees of school districts and the boards of education of high school districts owning property within the proposed improvement district. See Arizona Laws 48-901
- 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
- superintendent: means a county employee designated by the board of supervisors to perform the duties of street superintendent for all the districts organized under this article in any county. See Arizona Laws 48-901
B. The purchaser shall, at least thirty days before he applies for a deed, mail to the owner, all lien claimants of record, all persons of record with an interest in the property and, if occupied by a person other than the owner, to the occupant of the property, a written notice that the property, giving the description, has been sold for a delinquent assessment, specifying the improvement for which the assessment was made, the amount for which the property was sold, the amount necessary to redeem at the time of giving notice, the time when the purchaser or assignee will apply to the superintendent for a deed and that, on issuance of the deed, all interests in the property, whether of record before or after the assessment lien, will be extinguished, except for the lien for general property taxes and prior special assessments. 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.
C. The applicant shall file with the superintendent an affidavit showing that notice of the application has been given, and if the mailed notice was returned to the sender, that due diligence was used to find the owner. If redemption of the property is made after the affidavit is filed, and more than twelve months from the date of sale, the person making the redemption shall pay, in addition, for payment to the purchaser, ten dollars for the service of notice and the making of the affidavit.
D. 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. The deed of the superintendent shall convey to the purchaser fee title to the lands described therein, free and clear of all interests, liens, claims and encumbrances whether of record before or after the assessment lien, except for the lien for general property taxes and prior special assessments.