A. A nonconsensual lien, other than a lien recorded by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics’ lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, shall not be recorded unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien.

contract signature

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In Arizona Laws 33-421

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

B. If a nonconsensual lien is accepted for recording as described in subsection A, the recording officer shall accept for recording a notice of invalid lien that is signed and submitted by the attorney general or county attorney. The attorney general or county attorney shall mail a copy of the notice of invalid lien to the person who is designated as creditor and to the person who recorded the nonconsensual lien at the address of each as stated on the recorded document. The purported lien is conclusively presumed to be invalid when the invalid lien is recorded.

C. The county recorder shall not record any lien except as prescribed in subsection A or otherwise authorized by law unless the lien is accompanied by the notarized signature of the debtor on a document acknowledging the filing and recording of the lien.

D. A recording officer or a county is not liable for accepting for recording a lien pursuant to this section.

E. A nonconsensual lien that is recorded with the county recorder and that is not recorded by an authorized entity pursuant to subsection A or that is not ordered by the superior court does not affect the marketability of title to the real property described in the nonconsensual lien and shall not constitute actual or constructive notice of any of the matters contained in the lien.

 

  Previous section
Next section  
 Article 2 Contents