Arizona Laws 47-9528. Nonconsensual lien
A. A nonconsensual lien, other than a lien filed 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.
Terms Used In Arizona Laws 47-9528
- Document: means a document of title or a receipt of the type described in section 47-7201, subsection B. See Arizona Laws 47-9102
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 47-9102
B. If a nonconsensual lien is accepted for filing as described in subsection A, the recording officer shall accept for filing 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 filed the nonconsensual lien at the address of each as stated on the filed document. The purported lien is conclusively presumed to be invalid on the filing of the invalid lien.
C. The secretary of state, a recording officer or a county is not liable for accepting a nonconsensual lien for filing pursuant to subsection A or a notice of invalid lien pursuant to subsection B.