A.R.S. § 33-420

False Liens and Fraudulent Property Documents in Arizona

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

Arizona law makes it illegal to record a forged, groundless, or materially false document against someone else's real property. Property owners can file a special court action to clear title and recover damages of at least $5,000 or triple actual damages, whichever is greater.

Title 33, CONVEYANCES AND DEEDS

azleg.gov

What Counts as a False Document

This statute targets anyone who records a lien, claim, or encumbrance against real property knowing the document is forged, groundless, contains a material misstatement or false claim, or is otherwise invalid. A document that is not authorized by statute, court judgment, or other specific legal authority is presumed to be groundless and invalid.

A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of not less than five thousand dollars, or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action.

A.R.S. § 33-420(A)

This is not just a civil matter. Filing a false document against real property is also a Class 1 misdemeanor under subsection (E), which means criminal penalties can apply on top of financial liability.

How Property Owners Can Fight Back

Arizona gives property owners a fast track to clear their title through a special action in superior court. This streamlined process is designed to remove the cloud on title quickly rather than waiting through standard litigation timelines. If the property owner prevails, the person who filed the false document is responsible for the owner's attorney fees and costs.

A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid.

A.R.S. § 33-420(D)

There is also a secondary layer of accountability. Anyone named in a false document who knows it is invalid and refuses to release or correct the recording within twenty days of a written request faces separate liability of at least $1,000 or triple actual damages.

A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of not less than five thousand dollars, or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action. B. The owner or beneficial title holder of the real property may bring an action pursuant to this section in the superior court in the county in which the real property is located for such relief as is required to immediately clear title to the real property as provided for in the rules of procedure for special actions. This special action may be brought based on the ground that the lien is forged, groundless, contains a material misstatement or false claim or is otherwise invalid. The owner or beneficial title holder may bring a separate special action to clear title to the real property or join such action with an action for damages as described in this section. In either case, the owner or beneficial title holder may recover reasonable attorney fees and costs of the action if he prevails. C. A person who is named in a document which purports to create an interest in, or a lien or encumbrance against, real property and who knows that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid shall be liable to the owner or title holder for the sum of not less than one thousand dollars, or for treble actual damages, whichever is greater, and reasonable attorney fees and costs as provided in this section, if he wilfully refuses to release or correct such document of record within twenty days from the date of a written request from the owner or beneficial title holder of the real property. D. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid. E. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, groundless, contains a material misstatement or false claim or is otherwise invalid is guilty of a class 1 misdemeanor.

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 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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