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A.R.S. § 33-415

Master Mortgages & Incorporation by Reference

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona allows lenders to record a single master mortgage with standard terms. Individual mortgage agreements can then reference those terms instead of repeating them in full. This simplifies recording 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 with the standard terms a lender uses across many loans. The lender records the master document once. Each borrower's mortgage then references it instead of repeating those pages.

The referenced terms become part of the borrower's mortgage as if written out in full. This approach cuts paperwork while meeting legal requirements.

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 step that reduces what gets filed with the county. It also keeps each mortgage document shorter and easier to read.

How Constructive Notice Works Here

Recording the master mortgage creates constructive notice of its contents. This means anyone dealing with the property is treated as knowing every term in the master document.

The borrower is bound by the referenced rules just as if they appeared in their own mortgage. Lenders across the country use this approach to streamline loan records.

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)

Why Families Should Know About Master Mortgages

Homeowners who transfer property into a living trust should know that full mortgage terms may span two documents. The individual mortgage and the master mortgage together form the complete agreement.

When a family member inherits a property with a mortgage, they should review both documents. Missing the master mortgage could mean missing key rules about default, prepayment, or insurance.

During estate settlement, a successor trustee or personal representative should request copies of both documents from the lender. This helps them understand all obligations tied to the property.

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 fully written in the mortgage in which the reference is made.

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.

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