Why Court Judgments Must Be Recorded
Courts regularly issue orders that affect real property. A divorce decree might award the family home to one spouse. A quiet title action might confirm ownership after a dispute. A probate order might transfer property to an heir.
In each case, the judgment itself changes who legally owns the property. But Arizona law requires one more step before the judgment carries full weight in a real estate transaction.
Every judgment of a court by which title to real property is affected shall be recorded in the office of the county recorder of the county in which the property or part thereof is located, and until recorded, the judgment shall not be received in evidence in support of any right claimed by virtue thereof.
A.R.S. § 33-414(A)Until you record the judgment, you cannot use it as evidence to prove your ownership in a future legal dispute. Recording puts the world on notice that the property has changed hands. Both the judgment debtor and the judgment creditor are affected by this requirement.
What Needs to Be Recorded
The full judgment does not need to be recorded. Arizona allows an abstract prepared by the clerk of the court. This abstract includes the court and case name, the date of judgment, a description of the property, and the name of the party who received the property.
Upon request and payment of the fee prescribed by law, the clerk will prepare a certified copy of the abstract. This copy of the judgment is what gets filed with the county recorder.
It shall not be necessary to record the judgment in full, but an abstract thereof by the clerk of the court under his hand and seal, stating the title of the court and of the action, the date of judgment, a description of the property and the name of the party to whom it is decreed, shall be a sufficient record of the judgment.
A.R.S. § 33-414(B)After a probate proceeding or trust administration that transfers real property, recording the relevant court order is an important step. Families sometimes overlook it. Without recording, the property records do not reflect the new owner. This can create problems when selling or refinancing.
Judgment liens may also attach to property through the recording process. If a judgment creditor records a judgment, it can create a lien on real property owned by the judgment debtor in that county.