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A.R.S. § 33-415

Master Mortgages and Incorporation by Reference in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Arizona allows lenders to record a single master mortgage document with standard terms, then reference those terms in individual mortgage agreements instead of repeating them in full. This simplifies the recording process while still providing public notice of all mortgage terms.

Title 33, CONVEYANCES AND DEEDS

azleg.gov

What a Master Mortgage Is

A master mortgage is a recorded document that contains the standard terms and conditions a lender uses across many loans. Instead of printing those same pages into every individual mortgage, the lender records the master document once and then each borrower's mortgage simply references it. The referenced terms become part of the borrower's mortgage as if they were written out in full.

Thereafter any provisions of a recorded master mortgage may be included for any and all purposes in a mortgage by reference therein to any of such provisions without setting them forth in full, if the master mortgage is of record in the county in which the mortgage adopting or including by reference any provisions thereof is recorded.

A.R.S. § 33-415(C)

This is a practical efficiency measure. It reduces the paperwork recorded with the county and keeps individual mortgage documents shorter and easier to read.

How Constructive Notice Works Here

Recording the master mortgage creates constructive notice of its contents. That means anyone dealing with the property is treated as if they know every term in the master document, even if they have never read it. The borrower is bound by the referenced provisions the same way they would be if those provisions appeared in their personal mortgage.

Recording a master mortgage which has included therein any provisions by reference as provided in this section shall operate as constructive notice of the whole thereof, including its terms, as a part of the written contents of any such mortgage.

A.R.S. § 33-415(E)

For homeowners transferring property into a living trust or refinancing after estate planning changes, understanding that the full mortgage terms may be spread across two documents is helpful. The individual mortgage and the master mortgage together form the complete agreement.

A. Any person may record in the office of the county recorder of any county master mortgages of real property. Master mortgages are not required to be acknowledged or proved or certified to be recorded or entitled to be recorded. Such mortgages shall have noted upon the face thereof that they are master mortgages. B. The county recorder shall index and record master mortgages in the same manner as other mortgages are indexed and recorded and shall note on all indices and records thereof that they are master mortgages. C. Thereafter any provisions of a recorded master mortgage may be included for any and all purposes in a mortgage by reference therein to any of such provisions without setting them forth in full, if the master mortgage is of record in the county in which the mortgage adopting or including by reference any provisions thereof is recorded. D. The reference shall contain a statement: 1. As to each county in which the mortgage containing the reference is recorded. 2. The date such master mortgage was recorded. 3. The county recorder's office wherein the master mortgage is recorded. 4. The book, volume and page or pages or recording number of the records in the recorder's office where the master mortgage is recorded. 5. Paragraph numbers, or any other method, which will definitely identify the specific provisions of the master mortgage which are being adopted and included in the reference. E. Recording a master mortgage which has included therein any provisions by reference as provided in this section shall operate as constructive notice of the whole thereof, including its terms, as a part of the written contents of any such mortgage, and of any provisions so included by reference as though they were written in full therein. F. The parties bound, or to be bound, by provisions adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though such provisions were set forth in full in writing in such mortgage.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

What happens to my mortgage after I die in Arizona?

Your mortgage stays with the property. Federal law (Garn-St. Germain Act) protects inheriting family members from due-on-sale enforcement. Heirs can assume the mortgage without requalifying but must contact the lender and keep making payments.

What happens if a deed is not recorded in Arizona?

An unrecorded deed is valid between the parties but offers no protection against third-party buyers or creditors. Recording creates constructive notice under A.R.S. 33-416, putting the world on legal notice of the transfer.

Related Statutes

§ 33-401Formal Requirements for a Valid Property Deed in Arizona
§ 33-402Arizona Deed Forms: Quitclaim, Conveyance, Warranty, and Mortgage
§ 33-403Easement Descriptions and Validity for Utility Rights-of-Way in Arizona

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