Arizona Laws 48-2074. Deed to purchaser; notice to owner; redemption after notice; effect of deed
A. After the expiration of twelve months from the date of sale, the board shall cause to be executed to the purchaser or his assignee on his application, if he has fully complied with this section, a deed to the property sold. The deed shall recite substantially the matters contained in the certificate, any assignment and that no person has redeemed the property. The district shall receive from the applicant for a deed one dollar for making the deed.
Terms Used In Arizona Laws 48-2074
- 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.
- Board: means the board of directors of the district or the board of supervisors acting as the board of directors pursuant to section 48-2010. See Arizona Laws 48-2041
- 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: means any of the improvements authorized to be made by this article, the construction, reconstruction and repair of all or part of the improvements and labor, services, incidental expenses and material necessary or incidental to the improvements. See Arizona Laws 48-2041
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner: means the person who, on the day the action or proceeding is begun, possesses legal title to the lot by deed recorded in the county recorder's office or the person in possession of the lot under claim of title or exercising acts of ownership over the lot for himself or as the personal representative of the owner. See Arizona Laws 48-2041
- 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
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, the occupant of the property a written notice that the property, as described, has been sold for a delinquent assessment, 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 the purchaser or assignee may apply to the district for a deed and that all interests in the property, whether of record before or after recording of the assessment lien in the district office, 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 on the property at least thirty days before the time stated in the notice for the application for a deed.
C. The applicant shall file with the district an affidavit showing that notice of the application has been given and, if the notice was not served on the owner personally, that due diligence was used to find the owner. 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 redemption shall pay, in addition, for payment to the purchaser, fifteen dollars for the service of notice and the making of the affidavit.
D. The deed of the district is prima facie evidence of the truth of all matters stated in the deed, the regularity of all proceedings before the execution of the deed and of title in the grantee. The deed 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.