Who Can Record a Lien Without a Court Order
Not every lien needs a judge's approval before it hits the public record. Government entities, licensed utilities, and water delivery companies can record liens without a court order. Mechanics' lien claimants and HOAs created under CC&Rs can also do so.
Everyone else needs a judgment or court order. This rule stops individuals from abusing the county recording system.
A nonconsensual lien, other than a lien recorded 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.
A.R.S. § 33-421(A)Without this rule, anyone could file a lien against a property they had no legal claim to. That would create a cloud on title and disrupt sales and other transactions.
What Happens When an Invalid Lien Slips Through
If someone records a nonconsensual lien without proper authorization, the attorney general or county attorney can act. They file a notice of invalid lien with the county recorder. Once that notice is recorded, the lien is treated as invalid.
County recorders do not verify whether a lien qualifies before accepting it. They face no liability for accepting one that turns out to be invalid. The property owner or a government attorney must challenge it after the fact.
Court-authorized judgment liens work differently. Those liens attach to real property and can affect a sale or refinance.
If you find an unauthorized lien on your property, you can challenge it in court. You may recover attorneys fees and costs. Checking the title from time to time helps catch problems early.